MOHD MUSTAFA Vs. UP ZILADHIKARI PHOOLPUR AZAMGARH

JUDGEMENT

(1.) THIS reference has been placed before us under orders of Hon'ble the Chief Justice arising out of a writ petition assailing an order of recount of votes passed by the prescribed authority while hearing an election application under Section 12C of the U. P. Panchayat Raj Act, 1947 (hereinafter called the 'Act'). The objection raised by the respondents in the writ petition was to the effect that the petitioner had a remedy of filing a revision under sub-section (6) of Section 12C of the Act against the impugned order and, therefore, the petition was not maintainable under Article 226 of the Constitution of India. The respondents relied on the decision of Abrar v. State of U. P. and others, (2004) 5 AWC 4088, to contend that the nature of the order impugned amounted to disposing of the matter which is final in nature and therefore, a revision would lie under sub-section (6) of Section 12C of the Act. The petitioner before us contended that in view of the four decisions relied on by them, a revision would not be maintainable and the objection raised by the respondents deserved to be overruled and the writ petition be entertained.

(2.) THE learned single Judge hearing the writ petition pointed out the conflict in the view taken by the learned single Judge in Abrar's case (supra), with that of the decisions relied on by the learned counsel for the petitioner and framed the following questions to be answered by a larger Bench :

(3.) THE provisions of Section 12C (1) and (6) of the Act are quoted below for ready reference :