TEKCHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner before this Court is returned candidate who has defeated respondent No.4 with a margin of five votes in a Panchayat Election whereas respondents No. 5, 6 and 7 were also participated in election. Respondent No.4 Rajbeer filed an election petition under Sec. 12-C of Uttar Pradesh Panchayat Raj Act, 1947 (for short "Act, 1947"). After pleadings were exchanged, Election Tribunal by a judgment and order dtd. 23/10/2021 rejected claim of election petitioner for recounting on ground that he was failed to make out a case for recounting as pleadings and evidence were not sufficient to pass an order for recounting.

(2.) Election petitioner being aggrieved filed a revision petition challenging above referred order and by impugned order dtd. 22/9/2022, the order passed by Prescribed Authority in election petition was set aside with a direction of recounting. The petitioner herein has challenged the above order.

(3.) Sri R.K. Ojha, learned Senior Advocate assisted by Sri Dinesh Kumar Singh for petitioner has vehemently urged that Revisional Court has upset order passed by Election Tribunal on a flimsy ground that an objection was taken by election petitioner at the time of counting was not considered by Election Officer as well as other defeated candidates have supported the claim of election petitioner, without appreciating factors relevant for directing recounting of votes, i.e. (i) a prima facie case must be established, (ii) material facts must be pleaded stating irregularities in counting of votes, (iii) a roving and fishing inquiry shall not be directed by way of an order for recounting of votes, (iv) an objection to said effect should be raised, and (v) secrecy of ballot papers should be maintained.