JUDGMENT :

1. The present case is arising out of an election dispute with regard to an election for the post of Pradhan of Gram Panchayat Jogiyabeer, Kshetra Panchayat Azmatgarh, Tehsil Sagri, District Azamgarh conducted on 19.04.2021.

2. It is not in dispute that petitioner before this Court is the returned candidate whereas Respondent-3 remained runner up in election and margin of victory was only one vote. Remaining private respondents have also participated in the election.

3. Respondent-3 (election-petitioner) has approached the Prescribed Authority under Section 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as “Act, 1947) by way of filing an Election Petition No. 6727 of 2021 (Computerized Case No. T202115060706727) with prayer for an order for recounting and to declare election petitioner to be returned candidate. Paragraphs No. 3 and 4 of the election petition, being relevant, are reproduced as under :

^^3- ;g fd fnukad 19-04-2021 dks ernku lEiUu gqvk A ernku ds le; izfr;kph izFke i{k ds }kjk ekSds ij u jgus okys O;fDr;ksa ,oa ckgj jgus okys O;fDr;ksa ds Hkh oksV Mky fn;k x;kA pquko lEiUu djkus ds fy;s dqy rhu cwFk cuk;s x;s Fks] cwFk uaŒ1 ij 1 rk 4 okMZ es 313]