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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA KUMAR RAI, J.
Priyanka – Appellant
Versus
Smt. Madhuri and 9 Others – Respondent
Writ C No. - 28525 of 2024
Decided on : 18-09-2024
(A) U.P. Panchayat Raj Act, 1947 - Section 12-C - Election petition - The petitioner, elected as Gram Pradhan, challenged the order allowing recounting of votes in an election petition filed by the respondent. The court found that the Prescribed Authority became functus officio after allowing the election petition and could not order recounting. The impugned order was set aside, and the matter was remitted for fresh consideration. (Paras 11-20)
(B) Jurisdiction - The court emphasized that the Election Tribunal cannot pass orders for both allowing the election petition and recounting simultaneously, reaffirming the principle that such orders are not sustainable. (Paras 13-16)
Facts of the case:
The petitioner was elected as Gram Pradhan, and the respondent filed an election petition challenging the results, which led to an order for recounting. The petitioner argued that the order was illegal and without jurisdiction.
Findings of Court:
The court held that the impugned order allowing recounting was not sustainable as the Prescribed Authority had already decided the election petition.
Issues: Whether the Prescribed Authority could order recounting after allowing the election petition.
Ratio Decidendi: The court ruled that once the election petition is decided, the Prescribed Authority cannot pass further orders, as it becomes functus officio.
Result: The writ petition was allowed, and the impugned order was set aside.
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 23.12.2021. Respondent no.2 vide order dated 2.2.2022 proceeded to order for recounting. The order dated 2.2.2022 was challenged in revision by the petitioner and the revision was allowed vide order dated 23.3.2022, setting aside the order dated 2.2.2022. The issues were framed and parties have adduced evidence in support of their cases. Respondent no.2 vide impugned order dated 28.8.2024 has allowed the election petition and order for recounting as well as fixed 30th August, 2024 for further proceeding. Hence, this writ petition for the following relief:-
3. This Court on 30.8.2024 passed the following order:-
2. Learned Senior Counsel for the petitioner submitted that in view of the ratio of law laid down by Lucknow Bench in the Matters Under Article 227 No.31424 of 2021, Parshuram vs. State of U.P., the impugned judgment passed by the prescribed authority cannot be sustained in the eye of law.
3. On the other hand, Mr. G.K. Singh, learned Senior Counsel for respondent no.1 submitted that the writ petition is not maintainable against the order passed by the prescribed authority if the argument of the petitioner is accepted that order of the prescribed authority is final order. He further submitted that against the final order, the revision will lie under Section 12 (C) (6) of the Panchayat Raj Act, 1947.
4. Put up this case as fresh on 2.9.2024 at 2:00 P.M. and learned counsel for the parties shall address the Court as to whether revision will lie against the impugned order of prescribed authority dated 21.8.2024.”
4. On 2.9.2024, following order was passed by this Court:-
2. Judgment reserved.
3. Put up for delivery of judgment on 18.9.2024.
4. Till the date of delivery of judgment, the effect and operation of the order dated 21.8.2024, passed by respondent no.2 shall remain stayed.”
5. Learned counsel for the petitioner submitted that the im
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.
After finally deciding an election petition by allowing it and directing recount, the prescribed authority becomes functus officio lacking jurisdiction for subsequent orders declaring results based o....
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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