BRIJENDRA KUMAR Vs. BHUWAN PRAKASH AND OTHERS

JUDGEMENT

(1.) THIS appeal filed under Rule 49 of the U.P. Kshettra Panchayats (Election of Pramukhs and Up-Pramukhs and Settlement of Election Disputes) Rules, 1994 (hereinafter referred to as 'the Rules') is directed against the order dated 21.11.2008 passed by Election Tribunal directing recounting of votes.

(2.) A preliminary objection with respect to maintainability of the appeal has been raised on behalf of the respondent-1.

(3.) IT has been contended by Sri Shashi Kumar that Rule 49 of the Rules provides for appeal to the High Court only against an order made by the Election Tribunal under Rule 44 and an order of recounting not contemplated under the said Rule, appeal is not maintainable.