In a case challenging the recounting process in the 2023 West Bengal Panchayat General Elections, a single-judge bench led by Justice Amrita Sinha found that the recounting procedure did not adhere to the prescribed laws and was conducted in a biased manner. The Court ruled that the initial counting result should be regarded as the final declaration

Background: West Bengal Panchayat

The petitioner had contested the 2023 West Bengal Panchayat General Elections for a Panchayat Samity seat. Initially, on July 11, 2023, the petitioner was declared the winner with a six-vote margin. However, on the morning of July 12, 2023, the petitioner learned that a recount had taken place, and he was now declared the loser. This recount was initiated by the Block Development Officer (BDO) in the absence of the counting officer. The petitioner alleged manipulation and bias in favor of the ruling dispensation, leading to a complaint and, subsequently, this writ petition.

The key issues revolved around whether the recount adhered to relevant laws, its impact on the election result, and the petitioner’s allegations of unfair conduct by the Block Development Officer.

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Legal Framework:

The case relied on the West Bengal Panchayat Elections Rules, 2006, and the counting guidelines issued by the State Election Commission. Additionally, it involved the judicial review of decisions by statutory bodies, based on mala fide actions, arbitrary exercise of power, or breaches of the law.

Court’s Analysis: West Bengal Panchayat

The Court observed that the election consisted of three tiers, with prescribed guidelines for tier-wise counting. The request for a recount was made after the next tier’s (Zilla Parishad) counting had begun, indicating that the Panchayat Samity counting had concluded, which violated the rules regarding the timing of such requests.

The Court expressed concerns about the recount’s fairness, particularly a significant shift in the number of rejected votes. It accepted the petitioner’s claim that the BDO had a biased role in initiating the recounting.

The Court stressed the importance of transparency and fairness in the electoral process, asserting that the result of an election should be final and recounting should not be used to perpetuate injustice.

Quoting the case of Election Commission of India v. Ashok Kumar, the Court held that an election result should only be overturned if there is a material impact and a breach of the law, which was not the case in this recount.

The Court ruled that the recounting did not adhere to the relevant laws and guidelines and that it was conducted in the absence of the winning candidate, violating principles of natural justice. Therefore, the recounting should be considered invalid, and the initial counting result upheld.

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Court’s Decision on West Bengal Panchayat

The writ petition was resolved with the direction to treat the result of the initial counting as valid, and the election certificate was ordered to be immediately issued to the petitioner, recognizing him as the returned candidate.

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