Madras High Court rejects vote recount plea based on candidate’s belief

The Madras High Court has held that a person cannot seek a recount of votes merely on his belief that more people would vote for him for his good public service. Justice Bharatha Chakravarthy rejected an election petition filed by Communist Party of India (Marxist-Leninist) Liberation candidate Anthony Muthu challenging the victory of Indian National Congress candidate Tharahai Cuthbert during the 2026 assembly elections.

The court noted that Anthony had not placed any material raising a suspicion about the correctness of the count. The court held that such suspicion alone cannot be the basis to challenge the counting of the vote. The petitioner had argued that he had done good public service in eight booths and believed more people had voted for him, but the court said this was his own version and could not form a reasonable basis for suspicion.

The court also noted that no application under Rule 56D of the Conduct of Election Rules was made after the counting of votes, only a belated representation. Finding no cause of action, the court rejected the election petition.