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CHANDRA KUMAR RAI
Priyanka – Appellant
Versus
Madhuri – Respondent
JUDGMENT :
Hon'ble Chandra Kumar Rai, J.
1. Heard Mr. Rakesh Pande, learned Senior Counsel assisted by Sri Shailesh Upadhyay, learned counsel for the petitioner, Sri G.K. Singh, learned Senior Counsel assisted by Sri Awanish Kumar Rai, learned counsel for respondent no.1 and the learned standing counsel for the state-respondents.
2. Brief facts of the case are that petitioner was elected as Gram Pradhan of Gram Panchayat Shivhad, Pargana & Tehsil-Atarra, Block- Mahuwa, District Banda in the election held in the year 2021. Respondent no.1 had contested the election and stood 2nd, filed the election petition under Section-12-C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as “the Act”) before respondent no.2 which was registered as Election Petition No.2 of 2021. By way of amendment in the aforementioned election petition, the relief for cancelling the result of the counting and for recounting was added vide order dated 7.6.2024. Against the order dated 7.6.2024, the revision was filed by the petitioner before the District Judge, Banda which is pending as Revision No. 1 of 2024. In the aforementioned election petition, written statement was filed by the petitioner on 23.1
The Election Tribunal cannot simultaneously allow an election petition and order a recount, as it becomes functus officio after deciding the petition.
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 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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