SUPREME COURT OF INDIA
Amarjit Singh
Vs.
Charanjit Singh
S.L.P.(C) No.24367 of 2003
(S.H.Kapadia J.)
ORDER
The Order of the Court is as follows
1. It is not disputed that the polling had taken place by show of hands. It is
also not disputed that the vote of Sher Singh, who cast his vote by show of
hand for the respondent, was recorded and recorded votes were counted. Under
such circumstances, the Presiding Officer could not have directed for re-poll
in the garb of recounting of votes. We are of the view that the High Court has
taken a correct decision.
2. Before concluding, we may usefully refer to Blackwell's Law of Meetings -9th
Edition, page 60. In common law voting at all meetings is by a show of hands. Voting
by show of hands means counting the persons present who are entitled to vote
and who choose to vote by holding up (raising) their hands. Any person having
legal right to be present at the meeting may, at the conclusion of the voting,
demand a poll and the Chairperson is the proper person to grant or refuse a
poll which is in the nature of an appeal by one of the parties dissatisfied
with the decision of the Chairperson upon the show of hands. In modern
parliamentary usage a motion is carried by acclamation or by show of hands. The
Chairman or the Presiding Officer asks those present to indicate their vote or
choice by holding up their hands. Once the Presiding Officer records the votes
and, after counting the votes, declares the result, it is conclusive and it can
be challenged only by a demand for poll. If the demand is not made, the
Chairman's declaration will stand (see: Shackleton On the Law and Practice of
Meetings - 8th Edition, pages 60-62). Once a motion has been voted upon, it
becomes a resolution of the meeting. The result of a vote once announced is
final (see: The Rules of debate in the Parliament of France by D.W.S.
Lidderdale, page 145). In the present case, we are in agreement with the view
expressed by the High Court that it was not permissible for the President
Officer to change the vote of Sher Singh once it has been recorded in favour of
the original petitioner under Punjab Municipal (President and Vice-President)
Election Rules, 1994.
3. For foregoing reasons special leave petition is accordingly dismissed.