PINKI Vs. SPECIAL JUDGE

JUDGEMENT

(1.) In the present case election petition in question has been filed questioning the validity of the election of Smt. Piniki as Pradhan of Gram Panchayat Taveypur, Block,Tehsil and District Mainpuri. In the said election Smt. Pinki was elected and her election was questioned by one Smt. Pushpa Devi. Initially election petition in question was allowed and against the same Revision preferred was allowed on 15.7.2008 and the matter was remanded back for fresh decision after summoning of the the record. Thereafter election petition in question was decided on 18.5.2009 after record in question had been called, recounting was get done and the said election petition was dismissed. Aggrieved against the same Revision has been filed and in the said revision Special Judge, SC/ST Act, Mainpuri has proceeded to pass order for summoning of the documents and for recounting. At this juncture present writ petition in question has been filed.

(2.) Learned counsel for the petitioner contended with vehemence that in the present case no case at all has been made out for re-summoning of the record and for recounting and in mechanical manner without meeting with the specific finding returned by the Prescribed Authority order impugned has been passed and as such same is nothing but arbitrary exercise of authority, as such writ petition in question deserves to be allowed.

(3.) Countering the said submission learned counsel representing Smt. Pushpa Devi on the other hand contended that rightful view has been taken in the matter and as such no interference should be made in th&order impugned.