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ABDUL MOIN
Lali Devi – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Panchayatiraj Civil Secrt. Lko. – Respondent
JUDGMENT :
1. Heard Sri H.G.S.Parihar, learned Senior Advocate assisted by Sri Dinesh Kumar Mishra, learned counsel appearing for the petitioner, Dr. Udai Veer Singh, learned Additional Chief Standing counsel appearing for the respondents no. 1 to 3 and Sri U.S.Sahai, learned counsel appearing for the respondent no. 5.
2. Instant writ petition has been filed praying for the following main reliefs:-
(i) Issue a writ order or direction in the nature of certiorari quashing the order dated 03.01.2023 passed by the learned Additional District Judge Court No. 2/Special Judge E.C.Act, Sitapur in Civil Revision No. 47 of 2022 Smt. Lali Devi Vs. S.D.M.Maholi and Ors contained as Annexure No. 1 only to the extent denial of quashing the order of the re-counting to this petition in the interest of justice.
(ii) Issue a writ order or direction in the nature of certiorari quashing the order dated 02.09.2022 passed by the Sub Divisional Magistrate Maholi/Prescribed Authority District Sitapur in Case No. 1678/2021 (Election Petition No. 19/23) Mahaveer Vs. Smt. Lali Devi and Ors U/S 12 (C) of the Uttar Pradesh Panchayat Raj Act, 1947 contained as Annexure No. 2 to this petition in the interest of just
A recount can only be ordered when specific allegations of counting irregularities are proven with supporting evidence, prioritizing electoral integrity over secrecy.
An order for recount does not dispose of the election application finally, and the burden of proof rests on the election petitioner to establish irregularity or illegality in the original counting of....
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
The necessity for a prima facie case to be established before ordering a recount of votes, and the requirement for adequate statement of material facts and contemporaneous evidence to support the all....
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