DAYANAND Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. H.N. Singh, learned Senior Counsel assisted by Mr. Ashok Kumar Yadav, learned counsel for the petitioner, Mr. Prabhakar Tripathi, learned standing counsel for the state respondents and Mr. Anuruddha Chaturvedi, learned counsel for respondent No. 3.

(2.) Brief facts of the case are that petitioner was elected as Gram Pradhan of Gram Panchayat Malahpurwa, Block Rudrapur, Tehsil Rudrapur, District Deoria in the election held on 26/4/2021. Petitioner has secured 166 votes. Respondent No. 3 filed one election petition under Sec. 12C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "the Act") which was registered as Election Petition No. 2716 of 2021 (Computerised Case No. T202105200302716). Another election petition was filed by respondent No. 4 which was registered as Election Petition No. 2645 of 2021 (Computerised Case No. T202105200302645). Petitioner filed his written statement in both the election petitions. Issues were framed in both the election petitions. Respondent No. 2 vide impugned order dtd. 21/8/2024, allowed the election petition and order for recounting. Hence, this writ petition for following relief:

(3.) This Court on 12/9/2024 passed the following order: