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ALLAHABAD HIGH COURT
Saurabh Shyam Shamshery, J
Smt. Sajida – Appellant
Versus
Sub Divisional Magistrate Kairana District Shamli/Prescribed Authority And 15 Others – Respondent
| Table of Content |
|---|
| 1. electoral results contested based on recounting. (Para 1 , 2 , 3) |
| 2. writ petition maintainability discussed. (Para 4 , 5 , 8) |
| 3. vagueness in allegations challenged in court. (Para 6 , 14 , 17) |
| 4. emphasis on clarity of allegations for recounting. (Para 10 , 12) |
| 5. court quashed the impugned order. (Para 18) |
Hon'ble Saurabh Shyam Shamshery,J.
1. Petitioner before this Court is a returned candidate (Village Pradhan of Village Panchayat Pawatikalan, Kairana, District Shamli) whereas contesting Respondent-2/ Election Petitioner (Smt. Anita) is runner up candidate and the margin of victory was only three votes.
2. The election petitioner (Respondent-2) filed an election petition under Section 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as “Act, 1947”) wherein after exchange of pleadings following five issues were framed:
3. Sub-Divisional Magistrate, Kairana after considering material on record by impugned order dated 23.12.2022 accepted election petition and disposed of same with direction of recounting. Petitioner has approached this Court directly without availing alternative remedy provided under Section 12-C (6) of Act, 1947.
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