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SAUMITRA DAYAL SINGH
Maneeta Devi – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Ramesh Kumar Tiwari learned counsel for the petitioner, Sri Sumit Daga learned counsel for the respondent No.4 and the learned Standing Counsel for the State respondents.
2. Present writ petition has been filed by the successful candidate challenging the order passed by the Election Tribunal/SDM Handia, Prayagraj dated 12.1.2022 whereby the said authority hs directed for recount of the votes cast for the election on the post of Gram Pradhan Bhagautipur, Handia, Prayagraj.
3. Submission of learned counsel for the petitioner is that the said order is contrary to law inasmuch as no finding has been recorded on any of the issues framed in the election petition. Specifically no finding has been recorded with respect to issue Nos. 6 and 7 framed in that petition. Learned counsel for the petitioner has placed reliance on a Division Bench decision of this Court in the case of Mohd. Mustafa Vs. Up Ziladhikari, Phoolpur, Azamgarh and others, 2007(6) AWC 5536.
4. On the other hand, besides the issue on merit, Sri Sumit Daga learned counsel for respondent No.4-election petitioner has submitted that the present petition is not maintainable. He would submit, by the order
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.
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.
Election petitions must adhere to statutory procedures for recounting; failure to comply invalidates recount orders.
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