JUDGMENT :

(Manju Rani Chauhan, J.)

1. List is revised. None appears on behalf of respondent no. 4. As per office report dated 25.10.2023, service upon respondent nos. 5 & 6 is sufficient, but no one has put in appearance on their behalf even in the revised call, as also learned counsel for the respondent no. 4 is not present. Learned Standing Counsel for the State is present.

2. On 16.05.2023 following order was passed by this Court:

“Heard Sri Shailendra Singh learned counsel for the petitioner and Sri V.K.Singh, learned senior counsel assisted by Sri Diwakar Singh, learned counsel for respondent no.4 and the learned standing counsel for the respondents.

Present writ petition has been filed against the order dated 15.4.2023 by which recounting of votes has been ordered.

Learned counsel for the petitioner submits that the petitioner was declared winning candidate in the election of Gram Panchayat, Amdariya therefore respondent no.4 filed an election petition with a prayer for recounting of votes which is covered under section 12-C of U.P. Panchayat Raj Act. In support thereof he relief upon paragraph nos. 8, 9 an 10 of the judgment of this Court in Sushil Kumar vs. State of U.P. (2