Recounting

Plea raised by petitioner was that Returning Officer without examining ballot papers excluded from count consolidated the result

Validity

Allegations made in application before Returning Officer as well as Election Commission were of general nature and no specific allegation was made relating to any illegal act on the part of rival candidate, polling staff or Returning Officer, which could have necessitated the recount

Provisions of S.39(3) of Representation of the People Act, 1976, had not been complied with, was not raised at the earliest stage and the same could not be raised at such belated stage and before High Court exercising extraordinary Constitutional jurisdiction

Election Tribunal was procedurally equipped to conduct factual inquiries and a trial could be conducted to resolve all disputed questions of law and facts and such exercise could not be undertaken by High Court

High Court in exercise of powers under Art.199 of the Constitution, declined to interfere in the matter

Petition was dismissed in circumstances.