The main legal point established is that specific facts must be pleaded and proven to warrant recounting of votes, and the decision to allow recounting is based on the evidence presented in accordance with the relevant legal provisions.

JUDGMENT :

SAUMITRA DAYAL SINGH, J.

1. Heard Sri Kartikeya Saran, alongwith Sri Tarun Pratap Singh, learned counsel for the petitioner, Sri Sanjay Goswami, learned Additional Chief Standing Counsel for the State-respondents and Sri Shashi Nandan, learned Senior Advocate, assisted by Sri Birendra Singh, learned counsel for the private respondents.

2. Present writ petition has been filed against the order dated 13.05.2022 passed by the Election Tribunal/SDM Baberu on the election petition filed under Section 12-C of the UP Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act'), the Case No. 01302 of 2021 (Afsari Khatoon vs. State Election Commission and Others).

3. Precisely, the challenge raised by the petitioner is, the Election Tribunal has passed an omnibus order providing for recounting of votes cast in the election for the Gram Pradhan of Gram Hardauli, Tehsil-Baberu, District-Banda. In absence of any specific pleadings made in the election petition (copy of which has been annexed to the writ petition), to allege any ground that may have warranted an order of recounting, though no evidence was led by the respondent-election petitioner to establish any of the permissible grounds of challenge, that may have led to an order of recounting. The findings are stated to have been recorded in a superficial manner, without reaching any conclusion as to any malpractice at that election or as to commission of any act of corruption etc. by the petitioner.

4. Thus, upon counting of votes, it was noted, 6464 ballot papers were issued. Of that only 6307 were cast. Those have been accounted for. The Election Tribunal has travelled on presumptions and conjectures to reach a conclusion that 157 votes, were not accounted for. Reliance has been placed on a decision of the learned Single Judge of this Court in Amit Narain Rai vs. State of U.P. and Others, 2012 (5) ADJ 716 to submit, no summary conclusions may be drawn as to short count of ballot cast. Grounds therefore have to be specifically pleaded and proven before the Election Tribunal. Only thereafter it may provide for recounting of votes. Once the democratic exercise of votes being cast and counted was completed and result declared, the consequence arising from such exercise cannot be lightly disturbed on the mere asking on some unproven suspicion raised by the election petitioner. A heavy burden lay on the shoulders of the election petitioner, to not only plead but prove any ground that may give rise to a direction for recounting.

5. On the other hand, learned Additional Chief Standing Counsel has stated, besides the Rules framed under the Act, guidelines issued by the State Election Commission together with the various forms prescribed by it would govern the conduct of elections for Gram Panchayat. The mandatory directions of the State Election Commission, had to be adhered to. Thus, it has been submitted, in the first place, under Appendix-3, account of ballot papers found inside each ballot box is prepared under the signatures of the Counting Supervisor and is countersigned by the Election Officer. Appendix-5, Form-43 prescribes the Counting Slip that may disclose, amongst others, the description of Polling Booth and its number, total number of valid votes cast at such polling station, total number of bundles of votes prepared and total number of ballot papers found inside. Then, further details are to be recorded on such Form-43 disclosing the number of valid and invalid votes cast, to each candidate. That form is prepared by the Election Officer. Similarly, Appendix-7, Form-45, Part-1 is to be prepared by the Election Officer disclosing the Polling Centre number, Polling Booth number with reference to each ward. That form would further disclose the total number of valid vote cast to each candidate at that polling station. Other forms being Appendix-9 Form-47, Appendix-11 Form