JUDGMENT :

1. Heard Mr. Zafar Abbas and Mr. Imtiaz Husain, learned counsel for the petitioner and Mr. Pradeep Kumar Rai, learned counsel for the respondent no.3 and Mr. Aseem Mukherjee, learned Standing Counsel for the State-respondents.

2. This writ petition has been filed by the petitioner with a prayer to quash the order dated 20.06.2023 passed by the Prescribed Authority/Sub-Divisional Magistrate, Bilari in Election Petition No.T202113540205476 of 2021 (Javed vs. Rookame Alam and others), under Sections 13-C of Panchayat Raj Act, 1947 whereby it was ordered for recounting of votes in the election held in the year 2021 of Gram Panchayat in Gram Lalpur Gangwari, Block Kundarki, Tehsil-Bilari, Moradabad and further prayer to direct the respondent no.2 not to take any further step for recounting in pursuance of order dated 20.06.2023.

Brief facts;

3. Brief facts of the case are that:-

i) The petitioner and respondent no.3; Javed contested the elections for the post of Pradhan in gram panchayat Lalpur Gangwari. Polling took place on 26.04.2021 whereby after counting, the petitioner was declared as winning candidate with the margin of 04 votes from the runner up candidate; Javed.

ii) The r