Court invalidates arbitrary rejection of ballot marked with tick and rotational tenure arrangement in Bodhan Bar Association election
In a pivotal decision, the Telangana High Court has declared Samaiah P duly elected as the General Secretary of the Bodhan Bar Association for the year 2026-2027, overturning the electoral officer's decision to reject a ballot marked with a tick instead of the prescribed Swastik mark. The court found the rejection arbitrary, unreasonable, and violative of Article 14 of the Constitution, which upholds fairness in electoral processes.
The dispute arose during the Bodhan Bar Association elections, where both Samaiah P and another candidate, the third respondent, secured 53 votes each after one ballot in Samaiah's favor was invalidated due to the marking discrepancy. The Election Officer subsequently ordered a rotational tenure arrangement, splitting the office between the two candidates for six months each—a decision challenged by Samaiah P in a writ petition.
The court scrutinized the election officer's actions, noting that neither the Association's bye-laws nor the ballot paper mandated the exclusive use of the Swastik mark. The court emphasized that the tick mark unequivocally indicated the voter's intent to support Samaiah, rendering its rejection a violation of substantive democratic choice. Furthermore, the court criticized the rotational tenure arrangement, stating it was beyond the Election Officer's jurisdiction and contrary to democratic principles.
The judgment underscored that while procedural uniformity is important, the preservation of voter intent and franchise takes precedence, especially in the absence of explicit rules invalidating alternative marks. The court also highlighted the lack of evidence supporting the alleged oral consent for the shared tenure arrangement, dismissing the notion that consent could validate actions beyond the bye-laws.
In light of these findings, the High Court ordered the immediate recognition of Samaiah P's election as General Secretary based on the inclusion of the previously disputed vote. This judgment reaffirms the importance of fairness and clarity in electoral processes, ensuring that procedural formalities do not override democratic intentions.
Bottom line:-
Election jurisprudence - Rejection of ballot paper marked with a tick (v) instead of the prescribed Swastik mark held arbitrary, unreasonable, and violative of fairness mandated by Article 14 of the Constitution of India - Election Officer cannot devise a rotational arrangement for holding an elected office in the event of a tie unless expressly authorized by governing bye-laws.
Statutory provision(s): Article 14 of the Constitution of India, Article 21 of the Constitution of India, Article 226 of the Constitution of India
Samaiah P v. District Registrar, Nizamabad District, (Telangana) : Law Finder Doc id # 2938688
