New Delhi, August 15, 2025 – In an extraordinary intervention, the Supreme Court of India has overturned the results of a Gram Panchayat election in Haryana’s Panipat district after directing a recount of votes stored in Electronic Voting Machines (EVMs) by its Registrar. The recount revealed that the candidate who was earlier declared defeated, Mohit Kumar, had in fact secured 51 more votes than his rival, Kuldeep Singh, who was initially notified as the elected Sarpanch.
A Bench comprising Justices Surya Kant, Dipankar Datta, and N. Kotiswar Singh ordered that Mohit Kumar be declared elected as the Sarpanch of Buana Lakhu Village, District Panipat, while clarifying that this declaration shall remain subject to the final adjudication of pending proceedings before the Election Tribunal. The Court directed the Deputy Commissioner-cum-Election Officer, Panipat, to issue a notification within two days, enabling Kumar to assume office forthwith.
Background of the Case
The election for the post of Sarpanch in Buana Lakhu Village was held on November 22, 2022. Initially, the Returning Officer declared Kuldeep Singh as the winner. However, the same day, the Returning Officer suo motu ordered a recount owing to discrepancies in the result prepared by the Presiding Officer of one booth. After correction, Mohit Kumar was declared elected.
Aggrieved, Kuldeep Singh challenged this action before the Punjab and Haryana High Court, which held that once an election result is formally declared, it cannot be altered by a suo motu recount. The High Court ruled that the only recourse for an aggrieved candidate is to file an election petition. On this basis, the High Court reinstated Kuldeep Singh as the elected Sarpanch.
Following this setback, Mohit Kumar filed an election petition. Singh, however, raised a preliminary objection, contending that the petition was barred by limitation. The matter eventually reached the Supreme Court, which dismissed Singh’s objection and directed the Tribunal to adjudicate the dispute within four months.
Tribunal and High Court Proceedings
In April 2025, the Election Tribunal, Panipat, observed that the dispute stemmed primarily from Booth No. 69, and therefore ordered a recount of votes polled there. The Deputy Commissioner-cum-Election Officer was directed to conduct the recount.
This order was challenged by Kuldeep Singh before the High Court, which set aside the Tribunal’s direction. Once again, Mohit Kumar approached the Supreme Court, resulting in the July 2025 order directing production of EVMs before the Supreme Court’s Registrar.
The Bench entrusted the recount to an Officer on Special Duty (Registrar), who was directed to recount not just Booth No. 69, but all five booths in the election. To ensure transparency, the Court mandated that the exercise be videographed and that representatives of both parties be allowed to remain present.
The Registrar’s recount report demonstrated that Mohit Kumar had received 51 votes more than Kuldeep Singh, thereby reversing the earlier declared result.
Supreme Court’s Observations
Relying on the Registrar’s report, the Supreme Court ruled that the petitioner deserved to be declared elected. The Bench noted that there was no reason to doubt the credibility of the recount, especially since the process was duly videographed and signed by the representatives of the parties.
The Court observed:
“There being 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, we are satisfied that the appellant deserves to be declared as the elected Sarpanch of Gram Panchayat, Buana Lakhu Village, District Panipat, Haryana.”
Justice Surya Kant, during the hearing, remarked that the error had occurred due to the negligence of the Returning Officer/Counting Officer, and not due to any fault on the part of the candidates. “In these kind of matters, the only solution is recount,” he observed, while expressing dismay that the High Court had dismissed the plea for recount in a lengthy order.
Legal Context: Recounting of Votes in Election Law
The Supreme Court’s intervention in this case is rare, given that election disputes are ordinarily left to specialized Election Tribunals under the Representation of the People Act, 1951 and State Panchayati Raj laws. Courts are generally reluctant to interfere once the electoral process has concluded, except in cases of manifest illegality or procedural violation.
The jurisprudence on recounting emphasizes that it is not a matter of right but requires strong prima facie grounds. In Chandrika Prasad Yadav v. State of Bihar (2004), the Supreme Court held that recounting should be ordered only when credible evidence of irregularities is produced.
In the present case, however, the apex court itself supervised the recount by directing its Registrar to handle the process, reflecting the seriousness of the error and the need to preserve the integrity of the electoral outcome at the grassroots level.
Implications of the Judgment
- Judicial Oversight of Electoral Fairness – The ruling underscores the Court’s willingness to intervene directly where administrative lapses undermine democratic processes at the local level.
- Accountability of Election Officers – Justice Kant’s remarks highlight that election officials may face scrutiny for errors that affect results. This case could prompt tighter adherence to counting procedures by Returning Officers.
- Precedent for Panchayat Elections – While intervention by the Supreme Court in Panchayat matters is rare, this case may serve as precedent for future disputes where mismanagement at the booth level alters election results.
- Tribunal Proceedings Still Pending – Although Mohit Kumar has been declared elected, the Court clarified that the declaration remains subject to the Tribunal’s final judgment. However, the Tribunal has been directed to treat the Registrar’s recount report as conclusive on the question of votes polled.
Conclusion
The Supreme Court’s decision in Mohit Kumar v. Kuldeep Singh & Ors. marks a watershed moment in election jurisprudence concerning Panchayat polls. By directly supervising a recount through its Registrar, the Court has reinforced its commitment to ensuring fairness in democratic processes, even at the village level.
While Mohit Kumar has secured a provisional victory and assumed office as Sarpanch, the pending proceedings before the Tribunal will determine whether any ancillary issues survive. Nonetheless, the Court’s ruling sets an important precedent for balancing procedural technicalities with the overarching principle of electoral justice.
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