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2017 Supreme(Online)(All) 133

IN THE HIGH COURT OF JUDICATURE
Sri Shailendra Nath Tiwari, J
Harmaya v. State of UP


Advocates:
For the Appellants/Petitioners: Sri Shailendra Nath Tiwari
For the Respondents: Sri Rahul Sahai

Table of Content
1. factual background of the election dispute and recount request (Para 2 , 4 , 5)
2. principles governing recounting orders and integrity of electoral process (Para 10 , 20 , 36)
3. argument regarding the necessity of recounting based on irregularities (Para 15 , 17 , 46)
4. ratio behind the court's decision on recounting allegations and evidence (Para 21 , 23)
5. conclusion of the court ruling against the petition for recount (Para 49 , 50)

1. Heard Sri Shailendra Nath Tiwari learned Counsel for the petitioner, Sri Rahul Sahai learned Counsel for the respondent No. and learned Standing Counsel appears for respondent Nos. to 4.

2. This writ petition is directed against the order dated 13.12.2016 passed by the Prescribed Authority / the Sub-Divisional Officer, Tehsil Gunnaur, District Sambhal in an election petition filed under S.12 - C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the "Act 1947") whereby recounting of votes in the election held in the year 2015 of Gram Pradhan of Gram Mehuaa Hasanganj, Block and Tehsil Gunnaur, District Sambhal has been ordered. The petitioner and respondent Nos. and were the candidates who contested the election to the o

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