Judgment Reserved on 9.1.2023

Delivered on 28.1.2023

Court No. - 34

Case :- WRIT - C No. - 24348 of 2022

Petitioner :- Vijay Gupta

Respondent :- State Of U.P. And 12 Others

Counsel for Petitioner :- Ashish Kumar Singh,Prashant Kumar

Tripathi

Counsel for Respondent :- C.S.C.,Ravi Anand Agarwal,Shreya

Gupta

Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Ashish Kumar Singh, Advocate assisted by Sri Prashant

Kumar Tripathi, Advocate for petitioner and Sri Rakesh Pande,

learned Senior Advocate assisted by Ms. Shreya Gupta, Advocate

for Respondent-5.

2.

Before adverting to rival submissions to decide whether

Election Tribunal was legally correct to pass an order for

recounting, a preliminary submission is that while passing the

order of recounting since election petition was disposed of,

therefore, in light of judgment of co-ordinate Bench in Parshuram

Vs. State of U.P. & Ors in Matter under Article 227 No.31424 of

2021 decided on 23.12.2022, Prescribed Authority becomes

functus officio and cannot pass any order subsequent thereto i.e.

no order can be passed on the outcome of recounting.

2

3. In Parshuram (Supra) co-ordinate Bench has fram