Tekchand vs State Of U. P. - 2023 Supreme(All) 1224

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1224

SAURABH SHYAM SHAMSHERY
Tekchand – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Dinesh Kumar Singh
For the Respondent: Dinesh Kumar, Yogendra Nath Shukla

JUDGMENT :

1. Petitioner before this Court is returned candidate who has defeated respondent No.4 with a margin of five votes in a Panchayat Election whereas respondents No. 5, 6 and 7 were also participated in election. Respondent No.4 Rajbeer filed an election petition under Section 12-C of Uttar Pradesh Panchayat Raj Act, 1947 (for short “Act, 1947”). After pleadings were exchanged, Election Tribunal by a judgment and order dated 23.10.2021 rejected claim of election petitioner for recounting on ground that he was failed to make out a case for recounting as pleadings and evidence were not sufficient to pass an order for recounting.

2. Election petitioner being aggrieved filed a revision petition challenging above referred order and by impugned order dated 22.09.2022, the order passed by Prescribed Authority in election petition was set aside with a direction of recounting. The petitioner herein has challenged the above order.

3. Sri R.K. Ojha, learned Senior Advocate assisted by Sri Dinesh Kumar Singh for petitioner has vehemently urged that Revisional Court has upset order passed by Election Tribunal on a flimsy ground that an objection was taken by election petitioner at the time

Click Here to Read the rest of this document