DULHEY KHAN Vs. DISTRICT JUDGE BUDAUN

JUDGEMENT

(1.) CHALLENGING the election of Pradhan in the Gram Panchayat, an application under sub-section (1) of Section 12C of U. P. Panchayat Raj Act was filed by respondent No. 3 on 27.4.1995. The said case was registered as Case No. 3 under Section 12C of U. P. Panchayat Raj Act (hereinafter referred to as the Act). By an order dated 31.5.1995, an order for re-counting was passed which is Annexure 3 to the writ petition. The petitioner by means of revision under subsection (6) of Section 12C of the Act challenged the said order dated 31.5.1995. The said revision was registered as Misc. Case No. 79 of 1995. By an order dated 18.7.95 the said revision was dismissed, inter alia, with the observation that there was nothing illegal in the direction for re-counting of ballot papers. By means of present writ petition the petitioner has challenged the order dated 31.5.1995 passed in case No. 3 as well as the order dated 18.7.1995 passed in Misc. Case No. 79 of 1995.

(2.) SRI Asthana, learned counsel appearing on behalf of respondent No. 3, raised a preliminary objection that since the revision against interlocutory order is not maintainable, therefore, the petitioner cannot maintain the present writ petition against the revisional order.

(3.) SO far as the question of maintainability of a revision is concerned, the revision is provided in sub-section (6) of Section 12C of the U. P. Panchayat Raj Act, which runs as under :