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. Similar