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SAURABH LAVANIA
Kusum Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SAURABH LAVANIA, J.
1. Heard.
2. Present petition has been filed for the following main reliefs:
(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties not to interfere in the functioning of the Petitioner as validly elected Gram Pradhan of Gram Panchayat-Naubasta, Block Lakshmanpur, District-Pratapgarh, in the interest of justice.”
3. At the very outset, learned counsel appearing for the side opposite stated that the present petition, challenging the order dated 05.06.2023 passed by the opposite party No. 2-Prescribed Authority/Sub Divisional Officer, Lalganj, District-Pratapgarh, in the proceedings instituted under Section 12-C of U.P. Panchayat Raj Act, 1947 (in short “Act of 1947”) registered as Case No. 3146 of 2021, Computerized Case No. T2021102570203146, whereby, the proceedings ins
The doctrine of functus officio prevents a judicial authority from revisiting a matter once it has been finally decided, ensuring the finality of judicial decisions.
The Election Tribunal cannot simultaneously allow an election petition and order a recount, as it becomes functus officio after deciding the petition.
An election tribunal cannot allow a recount after a final decision on an election petition, as it becomes functus officio, violating jurisdictional limits established by precedent.
A recounting order is interlocutory and can be challenged through a writ; adequate statutory remedy exists through revision for final orders only.
The main legal point established in the judgment is the distinction between interlocutory orders and final orders under Section 12-C(6) of the U.P. Panchayati Raj Act, 1947, and the availability of t....
After finally deciding an election petition by allowing it and directing recount, the prescribed authority becomes functus officio lacking jurisdiction for subsequent orders declaring results based o....
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