AP High Court Upholds Order For Inspection Of Material In Plea Challenging Election Of Sarpanch, Reiterates Secrecy Of Ballot Till Process Prima Facie Tarnished

In a recent judgment, the Andhra Pradesh High Court has reaffirmed the sanctity of ballot secrecy in democratic elections while clarifying the circumstances under which inspection of election materials may be permitted.

“The Election Tribunal had scanned the evidence let in by both the parties in proper perspective and rightly came to the conclusion that the 1st respondent could place high degree of prima facie evidence on the above three counts.Therefore, as held by a coordinate bench of this Court in Kagitha Bhanu (supra 5) without verification of the ballot books with reference to the marked voters' list, kept in trunk box, it is not possible to know with certainty whether the 1st respondent's averments are correct or not” Justice Ravi Cheemalapati held.

The case arose from a dispute over the election for Sarpanch of M.Muppalla Village, where the petitioner had won by a narrow margin of two votes.

The runner-up candidate filed an election petition alleging various malpractices, including double voting by some individuals and impersonation of an absent voter. The election tribunal passed a preliminary order allowing the inspection of sealed election materials to examine the marked electoral rolls. This order was challenged before the High Court.

Examining the facts, the Court noted that the petitioner had won the election by 782 votes to 780. The runner-up alleged that two voters had cast multiple votes, and that a voter residing abroad had been impersonated. To support these claims, testimony was provided by polling agents who claimed to have witnessed and objected to these irregularities on election day.

The Court reviewed precedents from the Supreme Court emphasizing that ballot secrecy is a cornerstone of democracy that cannot be lightly disturbed. However, it also recognized that in certain circumstances, limited inspection may be necessary to preserve the integrity of elections.

Analyzing the evidence presented, the Court found that the runner-up had provided prima facie testimony from multiple witnesses alleging specific instances of double voting and impersonation. This was bolstered by official records confirming that one purported voter was indeed abroad on election day. The Court noted that the petitioner had not effectively rebutted these allegations, failing to produce key witnesses like the individual accused of impersonation.

Given the narrow margin of victory and the specific nature of the allegations supported by witness testimony, the Court concluded that the election tribunal was justified in ordering a limited inspection of materials to verify the marked electoral rolls. It emphasized that

“It is evident that an order for inspection of election material cannot be granted as a matter of course, as the secrecy of the ballot, which has always been considered sacrosanct in a democratic process of election may be disturbed, unless the affected candidate could allege and substantiate in acceptable measure by means of evidence that a prima facie case of a high degree of probability existed for the recount of votes and purity of election has been tarnished and it has been materially affected the result of the election.”

The Court clarified that such inspection is permissible only when there is strong prima facie evidence of irregularities that could have materially affected the election outcome. General or vague allegations are insufficient to warrant breaching ballot secrecy. The evidence must point to specific, verifiable instances of malpractice.

Case number: WP 6382/2024

Case title: Vykunta Padma Sree vs. Jetti Lakshmi

Counsel for petitioner: N. Ravi Prasad

Counsel for respondent: Sudhakara Rao Ambati, Venkata Reddy Gajjala

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