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Issues:
1. Validity of election results in 104-Chikhli Legislative Assembly Constituency, Maharashtra. 2. Interpretation of Section 97 of the Representation of the People Act, 1951. 3. Recount of votes and inclusion of 250 votes cast in favor of the appellant. 4. Application of mechanical recount process in election disputes. 5. Consideration of postal ballot irregularities. 6. Declaration of the duly elected candidate based on recount results. Analysis: The Supreme Court judgment involved two appeals challenging the High Court's decision on the election of Janardan Dattuappa Bondre to the 104-Chikhli Legislative Assembly Constituency, Maharashtra. The High Court had declared the election void and declared Bharat Rajabhau Bondre as duly elected based on a recount of votes. The main issue revolved around the inclusion of 250 votes cast in favor of the appellant but found in the packet of another candidate, Bahekar. The appellant contended that Section 97 of the Act, requiring a notice of recrimination, was not applicable in this case, as the votes were valid and undisputedly in his favor. The Special Officer's report highlighted errors in the counting process, where votes meant for one candidate were found in the packet of another. The High Court initially rejected the appellant's request to include the 250 votes in his total count, citing the lack of a notice of recrimination. However, the Supreme Court opined that the recount was a mechanical process intended to verify the number of votes received by each candidate, not to reconsider the validity of votes. The inclusion of the 250 votes in the appellant's total was crucial to determining the election outcome. The Supreme Court emphasized that the High Court erred in not including the 250 votes in the appellant's total count, as their exclusion could affect the election results. The judgment clarified that the mechanical recount process did not trigger the application of Section 97, as it did not involve a reconsideration of vote validity. The Court ruled in favor of the appellant, setting aside the High Court's decision and declaring the appellant duly elected based on the recount results. Additionally, the judgment addressed the issue of postal ballot irregularities raised by the fifth respondent, which the Court deemed not to have materially affected the election outcome. The appeal filed by Bahekar, contesting the recount results, was dismissed for lack of substance. The Supreme Court allowed one appeal, dismissed the other, and awarded costs accordingly, concluding the legal proceedings surrounding the election dispute.
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