SHADAB AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kartikeya Saran, alongwith Sri Tarun Pratap Singh, learned counsel for the petitioner, Sri Sanjay Goswami, learned Additional Chief Standing Counsel for the State-respondents and Sri Shashi Nandan, learned Senior Advocate, assisted by Sri Birendra Singh, learned counsel for the private respondents.

(2.) Present writ petition has been filed against the order dtd. 13/5/2022 passed by the Election Tribunal/SDM Baberu on the election petition filed under Sec. 12-C of the UP Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act'), the case no.01302 of 2021 (Afsari Khatoon Vs. State Election Commission and Others).

(3.) Precisely, the challenge raised by the petitioner is, the Election Tribunal has passed an omnibus order providing for recounting of votes cast in the election for the Gram Pradhan of Gram Hardauli, Tehsil-Baberu, District-Banda. In absence of any specific pleadings made in the election petition (copy of which has been annexed to the writ petition), to allege any ground that may have warranted an order of recounting, though no evidence was led by the respondent-election petitioner to establish any of the permissible grounds of challenge, that may have led to an order of recounting. The findings are stated to have been recorded in a superficial manner, without reaching any conclusion as to any malpractice at that election or as to commission of any act of corruption etc., by the petitioner.