RUKHSANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri G.K. Singh, learned Senior Advocate, assisted by Sri H.P. Sahi, learned counsel for the petitioner; Sri Udai Chandani, learned counsel appearing for private respondents and learned Standing Counsel for the State-respondents.

(2.) Present writ petition has been filed to challenge the order dtd. 12/1/2022 passed by the Sub-Divisional Magistrate, Handia, District - Prayagraj in Case No. 02002 of 2021 (Smt. Soni Vs. Rukhsani and Ors.) being proceedings in the nature of election petition under Sec. 12-C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act'). By that order, the election tribunal has directed for recount of votes cast at the election for gram panchayat - Baraut.

(3.) Preliminary objection has been raised by Sri Udai Chandani, learned counsel appearing for the private respondents, as to maintainability of the present writ petition. Referring to the impugned order, he would submit, the election tribunal has determined issue nos. 1 to 5 framed in the election petition and thereafter proceeded to pass an order of recount. Relying on a decision of a learned Single Judge of this Court in Athar Hussain Vs. Razda Begum and Ors., 2017 (1) 35 RD 128 as followed in Smt. Maneeta Devi Vs. State of U.P. and 8 Ors. in Writ - C No. 10442 of 2022, decided on 13/4/2022, it has been submitted, the only remedy available to the petitioner is to file a revision.