Jurisprudence Related to Recriminatory Election Petition
Literal meaning of Recrimination means is kind of counter claim or accusation by way of asking additional relief. When in an election petition composite relief or double relief or additional relief is sought in counter, it shall be called recriminatory election petition. Here we have to understand first what election petition is?? Election petition means, when any dispute arises related to election of any returned candidate of Member of Parliament or state legislature, it can be challenged through Election petition before the High Court. For example, if any person has won election by two votes. And it is challenged before the high court. At the recounting order by HC in the trial of the election petition, it is found that 10 ballot papers have been improperly rejected in the favour of the respondent and 04 ballot papers have been improperly accepted in favour of appellant. At this stage if appellant urge before the court that there have been improper rejection of h...