𝐓𝐡𝐞 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐔𝐩𝐡𝐨𝐥𝐝𝐬 𝐚𝐧 𝐄𝐥𝐞𝐜𝐭𝐢𝐨𝐧 𝐂𝐨𝐦𝐦𝐢𝐬𝐬𝐢𝐨𝐧 𝐉𝐮𝐝𝐠𝐦𝐞𝐧𝐭 𝐰𝐡𝐞𝐫𝐞𝐢𝐧 𝐔𝐧𝐮𝐬𝐮𝐚𝐥 𝐓𝐮𝐫𝐧𝐨𝐮𝐭 𝐰𝐚𝐬 𝐀𝐜𝐜𝐞𝐩𝐭𝐞𝐝 𝐚𝐬 𝐚 𝐒𝐨𝐥𝐞 𝐑𝐞𝐚𝐬𝐨𝐧 𝐟𝐨𝐫 𝐑𝐞-𝐩𝐨𝐥𝐥𝐢𝐧𝐠.

𝐓𝐡𝐞 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐔𝐩𝐡𝐨𝐥𝐝𝐬 𝐚𝐧 𝐄𝐥𝐞𝐜𝐭𝐢𝐨𝐧 𝐂𝐨𝐦𝐦𝐢𝐬𝐬𝐢𝐨𝐧 𝐉𝐮𝐝𝐠𝐦𝐞𝐧𝐭 𝐰𝐡𝐞𝐫𝐞𝐢𝐧 𝐔𝐧𝐮𝐬𝐮𝐚𝐥 𝐓𝐮𝐫𝐧𝐨𝐮𝐭 𝐰𝐚𝐬 𝐀𝐜𝐜𝐞𝐩𝐭𝐞𝐝 𝐚𝐬 𝐚 𝐒𝐨𝐥𝐞 𝐑𝐞𝐚𝐬𝐨𝐧 𝐟𝐨𝐫 𝐑𝐞-𝐩𝐨𝐥𝐥𝐢𝐧𝐠.

The Supreme Court held in an election appeal that the Election Commission holds powers under section 9 of the Election Act, 2017, to order re-poll at one station or stations, or the whole constituency if there are sufficient material available on record which indicates grave illegalities or irregularities in conducting the election.

In the case in hand, the total turnout of certain polling stations was abnormal and unusual. In the first phase of election, there was almost zero turnout in those polling stations, but after the Election Commission ordered re-election on certain stations, there was experienced more than 80 percent turnout at some stations. The same was challenged before the ECP, contending that the turnout was unusual and abnormal as there was a terrorist attack which resulted in zero turnout in the first phase of election. How such abnormal turnout of 80% be expected at such stations in the second round of election. The ECP ordered to conduct re-poll at those stations. The Court upheld the decision of the ECP when challenged it in appeal holding that the abnormal turnout is such a reason which can be made foundation for re-poll.

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