JUDGMENT :

1. This intra-Court appeal is directed against the order dated 25.05.2022 passed by a learned Single Judge in a writ petition filed by the petitioner challenging the order dated 13.05.2022 passed by the Prescribed Authority/Sub Divisional Magistrate Baberu in a petition filed against him under Section 12-C of the U.P. Panchayat Raj Act, 1947 challenging his election as Gram Pradhan of Gram Sabha Hardauli.

2. Sri Gajendra Pratap, learned Senior Advocate assisted by Sri Virendra Singh, appearing on behalf of respondent no.5 raised a preliminary objection to the maintainability of the instant special appeal. It is submitted that the present special appeal is barred as it is directed against the order of learned Single Judge passed under Article 226 in respect of an order passed by the Election Tribunal constituted under U.P. Act. It is urged that in view of specific exclusion made under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952, this appeal is incompetent.

3. On the other hand, Sri Shailendra, learned Senior Counsel assisted by Sri S.N. Iqbal appearing for the appellant submitted that the special appeal is perfectly maintainable, inasmuch as, the election petition itself was still-born not having been presented in the manner prescribed; that the Act itself contemplates filing of revision before District Judge which shows that the Sub Divisional Magistrate while exercising power under Section 12-C of the U.P. Act does not act as an Election Tribunal but in administrative capacity; and in any view, the Election Tribunal does not have trappings of civil court.

4. The facts necessary for disposal of the instant appeal are that respondent no.5 presented a petition under Section 12C of U.P. Panchayat Raj Act, 1947 (hereinafter referred as 'the Act') challenging the election of the appellant on the post of Gram Pradhan. The appellant filed an application on 18.08.2021 raising various issues touching upon the maintainability of the election petition. On 13.05.2022, respondent no.3 i.e. Prescribed Authority/U.P. Zila Adhikari, Baberu, Banda while acting as Election Tribunal directed for recounting of the ballots. Aggrieved thereby, the appellant filed writ petition no.14609 of 2022 before this Court which was allowed in part and recounting of only polling booth no.103, ward no.5, Gram Panchayat-Hardauli was permitted. Being further aggrieved thereby, the instant appeal has been filed.

5. The provision relating to intra-Court appeal is governed by Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952. It reads as follows :

5. Special appeal :-An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction) in respect of a decree or order made by a Court subject to the superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of superintendence or in the exercise of criminal jurisdiction 66[or in the exercise of the jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award--(a) of a tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or (b) of the Government or any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act of one Judge.

6. The above provision has come up for interpretation in reference to orders passed by Election Tribunals under Section 12-C of U.P. Panchayat Raj Act, 1947 in Vajara Yojna Seed Farm, Kalyanpur (M/s.) & others vs. Presiding Officer, Labour Court II, U.P., Kanpur & another, 2003 (1) UPLBEC 496.

7. Paragraphs 59, 60, 61 & 62 of the said judgment specificall