JUDGMENT :

DINESH PATHAK, J.

1. Heard learned counsel for the petitioner, learned counsel for the private respondent No. 3 as well as learned Standing Counsel for the State/respondents and perused the record on board.

2. Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dated 21.3.2024 passed by Sub-Divisional Officer, Aonwla, Bareilly whereby election petition under Section 12-C of UP Panchayat Raj Act, 1947 (in brevity, ‘Act, 1947’) moved on behalf of Rajkumari, respondent No. 3, has been allowed and she has been declared returned candidate on the post of Pradhan of the village Guleli, Vikas Khand Ramnagar, Tehsil- Aonwla, District Bareilly, after recounting of ballot papers in pursuance of the order dated 2.3.2024.

3. Facts culled out from the record are that in UP Panchayat Election 2020-2021 held on 15.4.2021, present petitioner has been declared successful to the post of Pradhan. Counting of votes was conducted on 2.5.2021 and, thereafter, result was declared on the same day. In the final result, returned candidate (petitioner) has secured 650 votes and the first runner respondent No. 3 has secur