Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Vivek Singh, learned counsel for the petitioner, the learned standing counsel for the State respondent Nos. 8, 9 and 10 and Sri Ashutosh Kumar Singh, learned counsel for respondent No. 1.

FACTS :

2. Briefly stated, facts of the present case are that the petitioner contested for election of village Pradhan of village Barahapur, Vikas Khand Deokali, Tehsil Saidpur, District Ghazipur. He was declared elected on 5.12.2015. The election of the petitioner was challenged by the respondent No. 1 by filing an Election Petition No. 9 of 2016 under Section 12C(1) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as ‘the Act’), which was presented before the Prescribed Authority on 25.1.2016. The respondent No. 1 filed a Writ-C No. 9755 of 2016 (Smt. Premlata v. Smt. Archana and nine others), which was disposed by a Division Bench of this Court by order dated 2.3.2016 as under:

“The petitioner had contested the recently concluded Gram Panchayat election in which respondent No. 1-Smt. Archana has been declared elected. The petitioner has filed an election petition under Section 12-C of the U.P. Panchayat Raj Act, 1947 for recount