Hon’ble B. Amit Sthalekar, J.—Heard Sri Rakesh Pande, learned counsel for the petitioner, Sri Ajay Shankar, learned counsel for the respondent No. 5 and the learned Standing Counsel for the State-respondents.

Sri Ajay Shankar states that he does not want to file any counter-affidavit.

2. The petitioner in the writ petition is seeking quashing of the order dated 15.2.2018 passed by the Sub-Divisional Magistrate, Baberu, District Banda whereby he has ordered recounting of votes.

Briefly stated the facts of the case are that the elections were notified of the Gram Panchayat-Bagehta, Block and Tehsil Baberu, District Banda for the post of Gram Pradhan and elections were held on 9.12.2015. The result was declared on 13.12.2015. The petitioner was declared elected as Gram Pradhan. The respondent No. 5 alongwith respondent No. 6 to 25 were also candidates for the post of Pradhan of the said election but they lost the election. The respondent No. 5-Smt. Jurun Nisha challenged the election result by filing Election Petition No. 488 of 2015 (Smt. Jurun Nisha v. District Magistrate, Banda and 20 others) on 25.1.2016 and prayed that recounting of the votes be done and the election of t