KAILASH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Dr. S.K. Yadav, the learned counsel for the petitioner and Sri R.N. Yadav, the learned counsel for the respondents.

(2.) The petitioner is an elected Pradhan. His election was challenged by respondent no. 3 by means of an election petition. The said respondent alleged in paragraph 8 to 12 of his election petition that various irregularities have been committed by the Pradhan during voting and counting of the election. During the pendency of the election petition, respondent no. 3 filed an application dated 16th July, 2012 for recounting of the votes. This application was allowed by the impugned order, against which, the petitioner has filed the present writ petition.

(3.) Having heard the learned counsel for the petitioner and having perused the impugned order, the Court finds that the approach adopted by the authority was patently erroneous. The Tribunal held that so far as the irregularities are committed as depicted in paragraph 8 to 12, the same would be decided on the basis of the evidence led by the parties on merit at a later stage, but considering the overall scenario and the narrow margin of votes, by which, the petitioner has won, it would be appropriate to summon the record, namely, the valid and invalid votes for recounting.