The election petition must contain specific grounds and a summary of circumstances justifying the questioning of the election result, complying with the provisions of the Act and rules.

JUDGMENT :

1. This writ petition filed under Article 226 of the Constitution of India questions the order passed by Prescribed Authority/Sub Divisional Officer, Mehdawal, District Sant Kabir Nagar dated 16.12.2023 passed in Election Petition No.02145 of 2021 directing for recounting of votes.

2. The petitioner was elected Pradhan of Gram Panchayat Mehdupar, Block Satha, District Sant Kabir Nagar in the election held on 21.04.2021 and result being declared on 02.05.2021, securing 524 votes while respondent No.2 Ferzana lost election securing 522 votes.

3. Respondent No.2 questioned the election of the petitioner by moving application under Section 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter called as “Act of 1947”) before respondent No.1 on the ground that total number of votes polled was 1868 while counting had taken place for only 1819 votes and 49 votes were not counted.

4. In the election petition it was averred that in Booth No.1, which consists of Ward Nos.1, 2 and 3, total number of votes polled were 384 while only 383 votes have been counted. In Booth No.2, which consists of Ward Nos.4, 5 and 6, total number of votes polled were 429 and only 381 votes were counted. Similarly, in Booth No.3, which consists of Ward Nos.7, 8 & 9, total number of votes polled were 366 and 366 votes were counted while in Booth No.4, which consists of Ward Nos.10, 11 & 12, total number of votes polled were 363 and the same number was counted, while Booth No.5, which consisted of Ward Nos.13, 14 & 15, total number of votes polled were 326 and the same number was counted.

5. The allegation is in regard to 49 votes, which remained uncounted, though polled in two Booths being Booth Nos.1 & 2, for which prayer for recounting has been made.

6. Paragraphs No.7, 8, 9 and 10 of the application of the election petitioner spells out the grounds for filing the same before Prescribed Authority. The Prescribed Authority on 07.04.2022 framed following issues :

7. The Prescribed Authority on 01.02.2023 directed for recounting of votes. The said order was challenged before this Court through Writ-C No.5784 of 2023, and the said order was set aside by this Court on 21.02.2023 and the matter was remitted back to pass order afresh. Post remand, the Prescribed Authority had proceeded to decide Issue Nos.2 to 10, framed earlier. Issue No.2 is in regard to whether any ground exist in the election petition for recounting of votes.

8. By an interim order, the Prescribed Authority on 16.12.2023 while deciding issue No.2 with other issues except issue No.1, directed for recounting of votes. Aggrieved by the said order, the petitioner (Returned Candidate) has filed the present writ petition.

9. Sri K.R. Singh, learned counsel for the petitioner submitted that election petitioner had not made material disclosure in the election petition alleging that those 49 votes, which were removed at the time of counting were polled in her favour and not counting them would materially affect the result of the election. According to him, Section 12-C(1)(b)(ii) of Act of 1947 would only be attracted once the pleadings are clear in the election petition. According to him, the election petitioner has not alleged the number of valid votes she has received. The only pleading made is that the election petitioner has received majority of valid votes. As the objections were raised at the time of counting by election petitioner, twice recounting was done but the result remained the same.

10. He then contended that the Prescribed Authority while deciding issue No.2 failed to consider the allegations in the election petition and the evidence led in support of the petition. According to him, once 49 ballot papers were removed from counting, then those ballot papers could not be recovered in recounting process. The order passed for recounting, according to him, is unsustainable in the eyes of law.

11. Learned counsel then submitted that the procedure for filing election petition under Section 12-C of A