SMT. HARMAYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shailendra Nath Tiwari learned counsel for the petitioner, Sri Rahul Sahai learned counsel for the respondent no. 5 and learned Standing Counsel appears for respondent nos. 1 to 4.

(2.) This writ petition is directed against the order dated 13.12.2016 passed by the Prescribed Authority/the Sub-Divisional Officer, Tehsil Gunnaur, District Sambhal in an election petition filed under Section 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act 1947') whereby recounting of votes in the election held in the year 2015 of Gram Pradhan of Gram Mehuaa Hasanganj, Block and Tehsil Gunnaur, District Sambhal has been ordered. The petitioner and respondent nos. 5 and 6 were the candidates who contested the election to the office of Gram Pradhan, Village Panchayat Mehuaa Hasanganj, Block and Tehsil Gunnaur, District Sambhal. Polling took place on 5.12.2015.

(3.) Respondent no. 5 Smt. Ramwati preferred an election petition under Section 12-C of the Act stating therein that there were four Polling Booths numbered as Booth Nos. 1, 2, 3 and 4.