PANCH LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare senior advocate assisted by Sri V, K. Jaiswal advocate for the petitioner and Sri Vidya Sagar appearing for the contesting respondent No. 6.

(2.) By this writ petition the petitioner has prayed for quashing the order dated 8th October, 2004 passed by the Prescribed Authority Sub-Divisional Officer, Mirzapur directing for recount of the votes in an election petition filed by the respondent No. 6 under Section 12C of the U, P. Panchayat Raj Act, 1947 (hereinafter referred as "the Act") praying for setting aside the election of the petitioner as Gram Pradhan of village Aniruddh Purab Patti.

(3.) Brief facts pf the. case necessary for deciding this writ petition are : Election for the office of the Pradhan of Gaon Sabha Aniruddh Purab Patti was held on 14.6.2000 In which the petitioner and the respondents No. 6 to 25 contested. Count of votes started on 24.6.2000. The returning officer declared the petitioner as elected candidate on 25.6.2000. Immediately after issuing the certificate in favour of the petitioner, the returning officer cancelled the said certificate and declared the respondent No. 6 as Pradhan of the Gaon Sabha by taking into consideration 17 votes of the office of Pradhan which were found in the ballot boxes of Zila Panchayat for which poll was held simultaneously. The petitioner filed a Writ Petition No. 28593 of 2000, Panch Lal v. State Election Commission, challenging the declaration in favour of the respondent No. 6. The writ petition was allowed by the Division Bench of this Court on 7.9.2000. The Division Bench while allowing the writ petition took the view that after declaration of the result the returning officer had become functus officio and he ceased to have any jurisdiction to recount the ballot papers and declare any other person to have been elected. Following was held by the Division Bench in the said judgment :