Petitioner before this Court who is the elected Block Pramukh of Jaitpur, Tehsil Kulpahar, District Mahoba.

An election petition was filed by the defeated candidate namely Bhuwan Prakash challenging the election of the writ petitioner. He also made an application for recount of the votes. The application has been allowed under the order impugned by the Election Tribunal.

On behalf of the writ petitioner, Shri Shashi Nandan, Senior Advocate assisted by Shri Niraj Tripathi submitted that the order passed by the Election Tribunal directing recounting is based on the grounds on which were not pleaded in the election petition. He submits that unless there were specific pleading in respect of the grounds on which recounting is prayed, there cannot be any evidence and, therefore, no order can be passed. He clarified that no evidence can be lead beyond pleadings, nor the Election Tribunal can direct recount on facts not pleaded.

With reference to the Election Petition filed by Shri Bhuwan Prakash it is pointed out that only ground relevant for the purposes of seeking recount as per the election petition were that 7 votes which were polled in favour of the writ petitioner by