Hon’ble Dr. B.S. Chauhan, J.—This reference has been placed before us under orders of Hon’ble the Chief Justice arising out of a writ petition assailing an order of recount of votes passed by the Prescribed Authority while hearing an election application under Section 12-C of the U.P. Panchayat Raj Act, 1947 (hereinafter called the ‘Act’). The objection raised by the respondents in the writ petition was to the effect that the petitioner had a remedy of filing a revision under sub-section (6) of Section 12-C of the Act against the impugned order and, therefore, the petition was not maintainable under Article 226 of the Constitution of India. The respondents relied on the decision of Abrar v. State of U.P. and others, (2004) 5 AWC 4088 to contend that the nature of the order impugned amounted to disposing of the matter which is final in nature and, therefore, a revision would lie under sub-section (6) of Section 12-C of the Act. The petitioner before us contended that in view of the four decisions relied on by them, a revision would not be maintainable and the objection raised by the respondents deserved to be overruled and the writ petition be entertained.

2. The learned Sing