SHARMAJEET Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard Sri Raghuvansh Mishra, learned counsel for the petitioner, Sri Surendra Nath Tripathi learned counsel for the respondent no.3 and learned standing counsel for the respondents no. 1, 2,5,6,7,8 and 9.

(2.) The petitioner in the writ petition is seeking quashing of the order dated 20.4.2017 passed by the Sub Divisional Magistrate, Kasimabad, Ghazipur in Election petition no. T 20151429104203 (Phool Chand Vs Sharmajeet and others) whereby he has ordered for recounting of the votes and to submit the fresh results before the prescribed authority.

(3.) Briefly stated the facts of the case are that election for the post of Gram Pradhan of Village Kodai, Tehsil Sadar, Nyay Panchayat Singera Block Mardah was held on 5.12.2015. The petitioner along with respondents no. 3 and 4 contested the election, counting took place on 112.2015 and the results were declared on the same date. The petitioner secured the highest number of votes being 715 whereas the respondents no. 3 and 4 secured 707 and 155 votes respectively. On 29.12.2015, the respondent no.3 filed an election petition no. T20151429104203, Annexure-3 to the writ petition, before the Sub Divisional Magistrate, Kasimabad, District Ghazipur under Section 12-C of the U.P. Panchayat Raj Act, seeking a direction that all the original records with regard to the election in question be summoned and the papers be re-examined and recounting be ordered and thereafter, the respondent no.3 i.e. the election petitioner be declared as elected as the winning candidate.