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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Kehkashan – Appellant
Versus
State of UP – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Siddharth Nandan, learned Counsel assisted by Mr. Imtiaz Husain, learned counsel for the petitioner, Mr. Ashok Khare, learned senior counsel assisted by Mr. Siddharth Khare, learned counsel for the respondent No.4 and learned standing counsel for the State-respondents.
2. Brief facts of the case are that petitioner was elected as Gram Pradhan of Gram-Mohammadpur Kashi, Tehsil- Chandausi, District-Sambhal in the election held on 29.4.2021. Petitioner has secured 664 votes. Respondent no.4 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.04085 of 2021 (Computerized Case No.T202113740404085). Petitioner filed his written statement in the election petition. Issues were framed in the election petition. Respondent no.2 vide impugned order dated 09.09.2024, allowed the election petition and order for recounting. Hence, this writ petition for following relief:-
"(i) Issue a suitable writ, order or direction in the nature of certiorari, quashing the impugned order dated 09.09.2024 passed in Election Petition No.04085 of 2021 (compu
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 order recounting after a final decision on an election petition, as it becomes functus officio.
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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