JUDGMENT :

1. Heard Mr. Kartikeya Saran and Ms. Suchita Mehrotra, learned counsels for the petitioner, Ms. Archana Tyagi, learned Additional Chief Standing Counsel and Mr. C.B. Yadav, Senior Advocate assisted by Mr. Jaysingh Yadav, learned counsel for caveator.

2. The Writ petition is directed against the order dated 05.07.2023 passed by learned District Judge, Lalitpur in Election Petition No.01/23, under Section 35 of Uttar Pradesh Kshetra Panchayats (Election of Pramukhs and Up-Pramukhs and settlement of election disputes) Rules, 1994, (hereinafter referred to as ‘Rules of 1994’) whereby the ballot papers of the elections of Pramukh of Kshetra Panchayat, Constituency Talbehat, have been summoned and recounting of votes in the election held on 10.07.2021 has been ordered.

3. The petitioner and respondent no.1 were the candidates who contested the elections to the office of Pramukh Kshetra Panchayat Talbehat Constituency, District Lalitpur. Polling took place on 10.07.2021. Respondent no.1 Rajdeep Singh preferred an election petition on 01.09.2021 under Section 35 of Rules of 1994, stating therein that the election of Pramukh Kshetra Panchayat, Constituency Talbehat was notified on 0