(1.) This writ petition has been filed by the petitioner with a prayer to quash an order dtd. 3/7/2023 passed by Sub-Divisional Officer/ Prescribed Authority, Mirzapur in Election Petition No. 7687 of 2021 [Saroja Devi v. Sarita Yadav and others], whereby an order directing for recounting of votes has been passed.
(2.) Brief facts of the case are that elections of Panchayat in Uttar Pradesh were held in the year 2021, the petitioner was one of the candidates for the post of Pradhan of Gram Panchayat Kolahi, Development Block ' Chhanbe, Tehsil Sadar, District Mirzapur [For Short, 'Gram Panchayat"]. The Gram Panchayat was reserved for 'OBC Category Candidate'. The petitioner, being eligible, contested the aforesaid election, having been allotted 'Car' as election symbol. The polling was conducted on 26/4/2021 and counting took place on 2/5/2021. Petitioner secured 471 votes and was declared elected as Pradhan of the said Gram Panchayat. The respondent no. 1 ["Respondent' is being used to denote ' 'opposite party' in present writ petition], namely, Saroja Devi secured 448 votes and thus the petitioner was declared elected by a margin of 23 votes.
(3.) Challenging the aforesaid election on several grounds, stating that election was not conducted in free and fair manner, respondent no.1 - the defeated candidate filed an election petition under Sec. 12-C of the U.P. Panchayat Raj Act, 1947 [Act, 1947] inter alia on the following grounds:
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