In what could be a first, the Supreme Court recently summoned Electronic Voting Machines (EVMs) and other records related to a Sarpanch election in Haryana and held recounting of votes before altering the poll results [Mohit Kumar v. Kuldeep Singh].
The decision was taken by a Bench of Justices Surya Kant, Dipankar Datta and N Kotiswar Singh after controversy arose over the election of Sarpanch of Gram Panchayat, Buana Lakhu village in Haryana's Panipat district.
The recounting was done by a registrar of the Supreme Court in the presence of both parties and the entire exercise was videographed.
By way of background, the elections to the Sarpanch post of Buana Lakhu village was held on November 2, 2022 and the respondent Kuldeep Singh was declared to be elected.
The appellant Mohit Kumar filed an election petition challenging the results.
The Additional Civil Judge (Senior Division)- cum-Election Tribunal of Panipat, by a judgment dated April 22, 2025, ordered recounting of votes of booth no.69. Consequently, the Deputy Commissioner-cum-Election Officer was directed to re-count the votes on May 7, 2025.
This order of the Election Tribunal was set aside by the Punjab and Haryana High Court.
This led to the appeal before the apex court.
When the matter came up for hearing before the top court on July 31, the Supreme Court directed the production of EVMs and other records.
It also ordered recounting of votes of all booths instead of just one booth.
"Taking into consideration the peculiar facts and circumstances of this 1 case, the Deputy Commissioner and the District Election Officer, Panipat, Haryana is directed to produce all the EVMs before the Registrar of this Court, to be nominated by the Secretary General, at 10 a.m. on 06.08.2025. The nominated Registrar shall recount the votes, not only of the disputed booth but of all the booths. The recounting shall be duly videographed. The petitioner as well as the respondent no.1 or their authorized agents shall remain present at the time of recounting," the Court said in its order of July 31.
Pursuant to the order, recounting of votes took place on August 6 with party representatives and assisting counsel present. Booths 65 to 70 were recounted and a revised result was compiled. It showed appellant Mohit Kumar as having secured 1,051 votes while the respondent Kuldeep Singh trailed behind with 1,000 votes.
A report to that effect was also submitted by the registrar to the Court.
The Bench on August 11 noted there was prima facie no reason to doubt the report submitted by the OSD (Registrar) of this Court, especially when the entire recounting has been duly videographed and its result is signed by the representatives of the parties.
Hence, it set aside the Punjab and Haryana High Court’s order and declared Mohit Kumar deserves to be elected as the Sarpanch.
"The Deputy Commissioner-cum-Election Officer, Panipat is, accordingly, directed to issue a Notification in this regard within two days declaring the appellant as the elected Sarpanch of the above-mentioned Gram Panchayat. The appellant shall be entitled to assume the said office forthwith and perform his duties," the Court ordered.
The Court clarified that the parties may still raise any remaining issues before the Election Tribunal, but the Election Tribunal shall accept the report of the OSD (Registrar) of the Supreme Court as the final and conclusive report so far as the result of recounting of votes is concerned.
The Court further ordered that resealed report and EVMs are to be sent to the Election Tribunal to form part of the record.
Senior Advocate Liz Mathew appeared for the petitioner along with advocates Parveen Kumar, Mahendra Kumar, Deepak Tushir, Ankur Kumar, Rajnish Mann, Garima Khetal, Niharika, Mallika Agarwal, Dilip Kumar, Alok Kumar Dwivedi, Ashish Kumar Rai and Rajni Rani.
Senior Advocate Gagan Gupta represented the respondent along with advocates Karan Kapoor, Manik Kapoor, Srishti Singla and Shrey Kapoor.
[Read Order]