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2014 (2) TMI 1404 - SC - Indian LawsValidity of election petition - certain invalid votes had been counted in favour of the Appellant and certain valid votes which were cast in favour of the Respondent No. 1 - HELD THAT:- This Court has consistently held that the court cannot go beyond the pleadings of the parties. The parties have to take proper pleadings and establish by adducing evidence that by a particular irregularity/illegality, the result of the election has been "materially affected". There can be no dispute to the settled legal proposition that "as a rule relief not founded on the pleadings should not be granted". Thus, a decision of the case should not be based on grounds outside the pleadings of the parties. In absence of pleadings, evidence if any, produced by the parties, cannot be considered. It is also a settled legal proposition that no party should be permitted to travel beyond its pleadings and parties are bound to take all necessary and material facts in support of the case set up by them - the court cannot exercise discretion of ordering recounting of ballots just to enable the election Petitioner to indulge in a roving inquiry with a view to fish material for dealing the election to be void. The order of recounting can be passed only if the Petitioner sets out his case with precision supported by averments of material facts. It is a settled legal proposition that the instructions contained in the handbook for Returning Officer are issued by the Election Commission in exercise of its statutory functions and are therefore, binding on the Returning Officers. Such a view stands fortified by various judgments of this Court in Ram Sukh v. Dinesh Aggarwal [2009 (9) TMI 1062 - SUPREME COURT] and Uttamrao Shivdas Jankar v. Ranjitsinh Vijaysinh Mohite Patil [2009 (5) TMI 934 - SUPREME COURT]. Instruction 16 of the Handbook deals with cases as to when the ballot is not to be rejected. The Returning Officers are bound by the Rules and such instructions in counting the ballot as has been done in this case. The inescapable conclusion that can be reached is that even after deciding the Recrimination Petition, the Appellant and the Respondent No. 1 have received equal number of votes - in such a fact-situation the decision as to who will be the returned candidate is to be decided by the draw of lots by virtue of the provisions of Section 102 of the Act. Appeal disposed off.
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