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 justice.

(iii) Issue a writ order or direction in the nature of certiorari quashing the order dated 23.01.2022-23 by means which again the order of the recounting has been passed by the prescribe authority contained as Annexure No. 3 to this petition in the interest of justice.

3. The case set forth by the petitioner is that an election of Gram Pradhan took place in the year 2021. The petitioner was declared elected as Gram Pradhan of Village Peerpur, Gram Panchayat Dadabad, Post Office- Hathiya Kasimpur, Nyaypanchayat Urdauli, Vikash Khand Maholi, Tehsil- Maholi District- Sitapur. The respondent no. 5 herein namely Sri Mahaveer filed an election petition under Section 12-C of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as "Act, 1947") before the learned Election Tribunal challenging the election of the petition. A copy of the election petition has been filed as annexure 4 to the writ petition. The learned Election Tribunal vide order dated 02.09.2022, a copy of which is annexure 2 to the petition after framing various issues directed for re-counting of the votes and disposed of the election petition.

4. Being aggrieved, the petitioner filed a writ petition namely Writ-C No. 6140 of 2022 Inre; Smt. Lali Devi Vs. State of U.P and Ors and this Court vide order dated 08.09.2022, a copy of which is annexure 6 to the writ petition disposed of the writ petition with liberty to the petitioner to approach the statutory forum by filing of a revision under the provisions of Section 12-C (6) of the Act, 1947.

5. In pursuance thereof, the petitioner filed a revision bearing Revision No. 47 of 2022 Inre; Lali Devi Vs. S.D.M Maholi and ors before the Court of the learned Additional District Judge/Special Judge, Sitapur. The revisional Court vide order dated 22.09.2022, a copy of which is annexure 8 to the writ petition dismissed the revision.

6. The petitioner being aggrieved filed a writ petition bearing Writ-C No. 7328 of 2022 Inre; Lali Devi Vs. State of U.P and Ors and this Court vide order judgment and order dated 22.10.2022, a copy of which is annexure 9 to the writ petition set aside the order passed by the revisional Court dated 22.09.2022 and required the revisional Court to decide the matter expeditiously.

7. In pursuance thereof, the revisional Court vide order impugned dated 03.01.2023, a copy of which is annexure 1 to the writ petition has partly allowed the revision filed by petitioner and has set aside the order of the learned Election Tribunal so far as it had directed that the records of election petition be consigned to record. Further, the revisional Court has restored the election petition to its original number and has directed the learned Election Tribunal to dispose of the election petition as per law expeditiously.

8. Subsequent