My Lord, Political Question?

No.

Justice Y.V. Chandrachud, as Lordship then was, speaking in Indira Nehru Gandhi v. Raj Narain (1975) Suppl. SCC 1 held, “principle of separation of powers is not a magic formula.”

Irrespective of consequences, an honest person would, ordinarily, unrelentingly take on high and mighty and persevere in righteous path.

Appointment of a Chief Election Commissioner and Election Commissioners shall be made by President on advice of a Committee consisting of both then Prime Minister and Chief Justice of India. This norm will continue to hold good till a law is made by Parliament.

– Hon’ble Justice K.M. Joseph, Anoop Baranwal v. Union of India, [Writ Petition (Civil) No. 104 of 2015].

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Majority speaking through Joseph J in Anoop Baranwal v. Union of India, (2023) 6 SCC 161 observed, “Democracy is inextricably intertwined with power to the people. The ballot is more potent than the most powerful gun.”

Before us are, primarily, two persons, opponents, the vanquished and the victor. The allegation made is, there is a disparity in count of votes. Sarkaria J writing for Court in Suresh Prasad Yadav v. Jai Prakash Mishra, (1975) 4 SCC 822 recorded scenarios when a recount would be justified.

Important documents pertaining to election are missing and such absence is unexplained. We are of view, a recount would be justified.

– Hon’ble Justice Sanjay Karol, Vijay Bahadur v. Sunil Kumar, [Civil Appeal No. 14311 of 2024] decided on 06.03.2025.