Hon’ble Sudhir Agarwal, J.—This writ petition under Article 226 of the Constitution of India is directed against the order dated 14.10.2011 passed by the Deputy Collector/Prescribed Authority, Bansgaon, District Gorakhpur in an Election Petition filed under Section 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as “the Act, 1947”) directing for recounting of votes polled in election held in 2010 of Gram Pradhan of Gram Panchayat Bishunpur, Keshtra Panchayat Bansgaon, District Gorakhpur.

2. The petitioner and respondent No. 7 were candidate alongwith five others contesting election to the office of Gram Pradhan, Village Panchayt Bishunpur. Polling took place on 22.10.2010. It is said that 3,000/- votes in total were cast out of which 213 were declared invalid. The petitioner secured 1403 votes while respondent No. 7 was polled 1384 votes as a result whereof, the petitioner was declared successful.

3. Respondent No. 7 preferred an election petition under Section 12-C of Act 1947 vide his petition dated 9.11.2010, a copy whereof has been filed as Annexure 1 to the writ petition. It was registered as election petition No. 01 of 2010. The case set up by respondent