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CHANDRA KUMAR RAI
Dayanand – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. H.N. Singh, learned Senior Counsel assisted by Mr. Ashok Kumar Yadav, learned counsel for the petitioner, Mr. Prabhakar Tripathi, learned standing counsel for the state-respondents and Mr. Anuruddha Chaturvedi, learned counsel for respondent no.3.
2. Brief facts of the case are that petitioner was elected as Gram Pradhan of Gram Panchayat- Malahpurwa, Block Rudrapur, Tehsil- Rudrapur, District Deoria in the election held on 26.4.2021. Petitioner has secured 166 votes. Respondent no.3 filed one election petition under Section 12-C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as “the Act”) which was registered as Election Petition No.2716 of 2021 (Computerised Case No.T202105200302716). Another election petition was filed by respondent no.4 which was registered as Election Petition No.2645 of 2021 (Computerised Case No.T202105200302645). Petitioner filed his written statement in both the election petitions. Issues were framed in both the election petitions. Respondent no.2 vide impugned order dated 21.8.2024, allowed the election petition and order for recounting. Hence, this writ petition for following relief:-
The Election Tribunal cannot order recounting after a final decision on an election petition, as it becomes functus officio.
An election tribunal cannot allow a recount after a final decision on an election petition, as it becomes functus officio, violating jurisdictional limits established by precedent.
The Election Tribunal cannot simultaneously allow an election petition and order a recount, as it becomes functus officio after deciding the petition.
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....
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....
Election petitions must adhere to statutory procedures for recounting; failure to comply invalidates recount orders.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
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