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SAUMITRA DAYAL SINGH
Rukhsani – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri G.K. Singh, learned Senior Advocate, assisted by Sri H.P. Sahi, learned counsel for the petitioner; Sri Udai Chandani, learned counsel appearing for private respondents and learned Standing Counsel for the State-respondents.
2. Present writ petition has been filed to challenge the order dated 12.01.2022 passed by the Sub-Divisional Magistrate, Handia, District -Prayagraj in Case No. 02002 of 2021 (Smt. Soni Vs. Rukhsani & Ors.) being proceedings in the nature of election petition under Section 12-C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act'). By that order, the election tribunal has directed for recount of votes cast at the election for gram panchayat -Baraut.
3. Preliminary objection has been raised by Sri Udai Chandani, learned counsel appearing for the private respondents, as to maintainability of the present writ petition. Referring to the impugned order, he would submit, the election tribunal has determined issue nos. 1 to 5 framed in the election petition and thereafter proceeded to pass an order of recount. Relying on a decision of a learned Single Judge of this Court in Athar Hussain Vs. Razda Begum & Ors., 2017 (1) 35 RD
An order for recount does not dispose of the election application finally, and the burden of proof rests on the election petitioner to establish irregularity or illegality in the original counting of....
The main legal point established in the judgment is the distinction between interlocutory orders and final orders under Section 12-C(6) of the U.P. Panchayati Raj Act, 1947, and the availability of t....
A recounting order is interlocutory and can be challenged through a writ; adequate statutory remedy exists through revision for final orders only.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
The legal principle established is that the nature of the order and the stage of the election petition determine the maintainability of a petition and the available remedies.
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