SABIHA KHATOON Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) This writ petition filed under Article 226 of the Constitution of India questions the order passed by Prescribed Authority/Sub Divisional Officer, Mehdawal, District Sant Kabir Nagar dtd. 16/12/2023 passed in Election Petition No.02145 of 2021 directing for recounting of votes.

(2.) The petitioner was elected Pradhan of Gram Panchayat Mehdupar, Block Satha, District Sant Kabir Nagar in the election held on 21/4/2021 and result being declared on 2/5/2021, securing 524 votes while respondent No.2 Ferzana lost election securing 522 votes.

(3.) Respondent No.2 questioned the election of the petitioner by moving application under Sec. 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter called as 'Act of 1947') before respondent No.1 on the ground that total number of votes polled was 1868 while counting had taken place for only 1819 votes and 49 votes were not counted.