JUDGMENT :

1. Heard Shri Amrendra Nath Tripathi, learned counsel for the petitioner along with Shri Ashish Raman Mishra, Advocate. Notice on behalf of the respondents No.1 and 2 has been accepted by the office of Chief Standing Counsel. Shri Atul Kumar Dubey, learned counsel has accepted notice for the respondents No.3 and 4. Shri Sachin Srivastava, learned counsel has put in appearance on behalf of the respondent No.5.

2. The instant petition has been preferred by the petitioner under Article 226 of the Constitution of India assailing the order dated 24.03.2023 passed by the Prescribed Authority/Sub Divisional Magistrate, Sadar, District Bahraich in Election Petition bearing Case No.3608/2021 (Computerized Case No.T202108150103608), whereby the Prescribed Authority while allowing the election petition has simultaneously passed an order of recounting to be held on 31.03.2023 at 11:00 AM and the petition has been consigned to record.

3. At the very outset, the learned counsel for the respondent No.5 has raised an objection regarding maintainability of the petition and it is submitted that in light of the provisions contained under Section 12-C(6) of the U.P. Panchayati Raj Act, 1947, t