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 No. 7 was that there were six Polling Booths numbered as 152, 153, 154, 155, 156 and 157. Polling took place on 22.10.2010 and as per tally of used votes supplied to the candidates by the Polling Officers, the number of votes polled booth-wise was as under :

SN. Booth No. Number of votes

polled

1. 152 506

2. 153 505

3. 154 409

4. 155 470

5. 156 448

6. 157 624

Total 2962

4. Counting took place on 28.10.2010 and concluded on 29.10.2010. The number of votes found for counting were 3000. Booth-wise figure supplied by the Returning Officer in respect of the votes, counted and entries given in Form-4, is as under:

SN. Booth No. Number of votes

polled

1. 152 506

2. 153 505

3. 154 409

4. 155 470

5. 156 455

6. 157 655

Total 3,000

Note : 38 votes in excess of polling.

5. It is thus evident that in respect of booth No. 156, earlier information was for polling of 448 votes, but in counting, number of votes increased to 455, showing an increase of 7 votes. Similarly, in Polling Booth No. 157, votes used were 624 while those counted were 655 showing an increase of 31 votes, as a result whereof, there was increase of 38 votes leading to total number of votes counted as 3000 against number of votes polled 2962.

6. Besides it, the number of invalid votes booth-wise, as informed to the candidates by the Returning Officer was as under :

SN. Booth No. Invalid ballot

papers/votes

1. 152 20

2. 153 53

3. 154 17

4. 155 12

5. 156 40

6. 157 71

Total 213

7. The petitioner was polled 1403 votes while Election Petitioner was polled 1384 votes, as per information of the Returning Officer, as detailed hereunder:

SN. Booth Votes polled Votes polled

No. to Election to Writ

Petitioner Petitioner

1. 152 138 348

2. 153 110 342

3. 154 222 170

4. 155 265 193

5. 156 253 162

6. 157 396 188

Total 1384 1403

8. Demonstrating the difference between number of votes as per the list of used votes and counted ones, having a difference of more than 38, based thereon the Election Petition was filed, alleging that there were serious irregularities at the time of counting. It was also stated that Election Petitioner also objected to the counting but it remained unheard and result was declared.

9. Petitioner contested the Election Petition and submitted his reply dated 17.2.2011. It is said that the votes found at the time of counting have been counted and there was no irregularity in counting and declaration of result.

10. The Election Tribunal after hearing parties, by means of the impugned order, has directed for recounting of votes and fixed 11.11.2011 for the said purpose.

11. The petitioner preferred a revision against the order dated 14.10.2011 but the same has been dismissed as not maintainable.

12. Sri K. N. Trip