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.

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 dated 12.1.2022 the election petition has been partly allowed. The Election Tribunal has returned findings against the petitioner with respect to issue Nos. 1 to 9 framed therein.

5. Therefore, the only remedy that may be available against the said order is stated to be a civil revision. In that regard reliance has been placed on a decision of a learned Single Judge of this Court in the case of Athar Hussain Vs. Razda Begum and others, 2017(1) 35 RD 128 and another learned Single Judge decision in the case of Kalektar Vs. Anil Kumar and Others, Misc. Single No. 2187 of 2018 decided on 16.2.2018. Thus, it has been submitted that the Division Bench decision in the case of Mohd. Mustafa (Supra) has been distinguished on facts. Same distinction applies in the present case.

6. Having heard learned counsel for parties and having perused the record, there is no quarrel between the parties that if a final adjudication has taken place in an election petition and order of recount has been passed therein, the remedy available to the person aggrieved may be to file a civil revision. If however, no final order has been passed and the election petition is thus pending, an order of recount passed during such pendency may remain an interlocutory order which may be subjected to challenge in a writ jurisdiction.

7. That being the undisputed principle to be applied, we may examine the contents of the order dated 12.1.2022. In that the Tribunal has taken note of nine issues framed by it being:

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08- D;k ernku esa iMs+a eriRrksa dh dqy la[;k esa vUrj gS ;fn gka rks mldk izHkko\
09- D;k ;kph vU; mile ikus dk vf/kdkjh gS\^^

8. Thereafter the Tribunal has made a brief reference of the proceedings conducted by it and the case set up by the petitioner. Thereafter, it has recorded following findings:

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9. Having done that, the Tribunal has then made operative order. Therein it has been observed as under:

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