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MANOJ KUMAR GUPTA, CHANDRA KUMAR RAI
Shadab Ahmad – Appellant
Versus
State Of U. P. – Respondent
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 pe
The Election Tribunal cannot simultaneously allow an election petition and order a recount, as it becomes functus officio after deciding the petition.
An election tribunal cannot allow a recount after a final decision on an election petition, as it becomes functus officio, violating jurisdictional limits established by precedent.
The main legal point established in the judgment is the distinction between interlocutory orders and final orders under Section 12-C(6) of the U.P. Panchayati Raj Act, 1947, and the availability of t....
A recounting order is interlocutory and can be challenged through a writ; adequate statutory remedy exists through revision for final orders only.
An election petition under the Act of 1994 can only be heard by a District Judge or by a Civil Judge or Additional Civil Judge (Sr. Division) subordinate to him.
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