Every Document Pertaining To An Election Is Important, All Efforts Should Be Made To Preserve Them : Supreme Court

Each and every document pertaining to an election is important and all efforts should be made to preserve the same, observed the Supreme Court in a recent judgment.

The Court made this observation in the context of an election of a Gram Pradhan in a village in Uttar Pradesh, which was held in 2021. There were disputes regarding the final count of votes polled and the Presiding Officers' records were missing. Therefore, the Court observed that the final counts was in the realm of questionability.

The diary of the Presiding Officer of the polling booths, which is an essential document recording the casting of votes, could not be found despite a concerted effort, the Court noted.

While ordering a recount, a bench of Justice Sanjay Karol and Justice NK Singh observed :

"The candidates in the election wanting to keep an eye on voting during the day and inspect records of the same is something which cannot be denied to them. If the Presiding Officers' records are missing and cannot be verified, it can be found that the final conclusion is within the realm of questionability. Each and every document pertaining to an election is important and all efforts should be made to preserve the same."

Every vote has its own value, irrespective of its effect in the final outcome

The Court also observed that in an election, each vote has its own value, irrespective of its effect in the final outcome of the election and hence its sanctity has to be protected.

 The bench set aside the Allahabad High Court's order which quashed the direction issued by the Sub Divisional Magistrate for recount.

The judgment authored by Justice Karol started with the famous quote of Winston Churchill : “At the bottom of all the tributes paid to democracy is the little man, walking into the little booth, with a little pencil, making a little cross on a little bit of paper—no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of that point.”

 In the judgment's preface, Justice Karol noted that elections ensure equality for every citizen, as everyone's vote matters.

"Each and every citizen, when it comes to choosing representatives in the parliamentary system, is indeed equal, when in other scenarios they may not be so, for a variety of reasons - class and caste divisions that are still deeply entrenched, gender inequality, lack of awareness and opportunities for disabled persons, etc."

In the instant case, the allegation of discrepancy was with respect to the number of total votes counted. While the appellant was informed that there were 1193, in the official declaration, there were 1213 votes. Thus, there was a difference of 19 votes. At the same time, the respondent won by a margin of 37 votes and hence, even if the excess 19 votes are deducted, his victory remains unaffected. However, the Court said that it was not concerned with who was the victor but about the process.

"However, this Court's concern lies away from who is in power, and instead is in how one got to power. This process has to be in accordance with constitutional principles and established norms - if not, then such a person has to be deprived of the power, and the decision-making by the people must begin once more."

The Court further observed :

"When the officer was present there and he informed the candidate, appellant herein, of the number of votes cast, why should there be any difference? We have already observed that each vote has its own value irrespective of its effect in the final outcome of the election. Its sanctity has to be protected."

Since  three of the four candidates question the veracity of the election and the manner in which it was conducted, and that important documents pertaining to the election are missing and such absence is unexplained, the Court opined that in the present facts, a recount would be justified.

Case : Vijay Bahadur vs Sunil Kumar

Citation : 2025 LiveLaw (SC) 296

Click here to read the judgment