PRIYANKA Vs. MADHURI

JUDGEMENT

(1.) Heard Mr. Rakesh Pande, learned Senior Counsel assisted by Sri Shailesh Upadhyay, learned counsel for the petitioner, Sri G.K. Singh, learned Senior Counsel assisted by Sri Awanish Kumar Rai, learned counsel for respondent No. 1 and the learned standing counsel for the staterespondents.

(2.) Brief facts of the case are that petitioner was elected as Gram Pradhan of Gram Panchayat Shivhad, Pargana and Tehsil Atarra, Block Mahuwa, District Banda in the election held in the year 2021. Respondent No. 1 had contested the election and stood 2nd, filed the election petition under Sec. 12C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "the Act") before respondent No. 2 which was registered as Election Petition No. 2 of 2021. By way of amendment in the aforementioned election petition, the relief for cancelling the result of the counting and for recounting was added vide order dtd. 7/6/2024. Against the order dtd. 7/6/2024, the revision was filed by the petitioner before the District Judge, Banda which is pending as Revision No. 1 of 2024. In the aforementioned election petition, written statement was filed by the petitioner on 23/12/2021. Respondent No. 2 vide order dtd. 2/2/2022 proceeded to order for recounting. The order dtd. 2/2/2022 was challenged in revision by the petitioner and the revision was allowed vide order dtd. 23/3/2022, setting aside the order dtd. 2/2/2022. The issues were framed and parties have adduced evidence in support of their cases. Respondent No. 2 vide impugned order dtd. 28/8/2024 has allowed the election petition and order for recounting as well as fixed 30/8/2024 for further proceeding. Hence, this writ petition for the following relief:-

(3.) This Court on 30/8/2024 passed the following order: