Ram Sakhi @ Reeta Yadav vs State Of U.P. Thru. State Election ...
2022 Latest Caselaw 1460 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- WRIT - C No. - 2312 of 2022
 

 
Petitioner :- Ram Sakhi @ Reeta Yadav
 
Respondent :- State Of U.P. Thru. State Election Commissioner Lko. And Others
 
Counsel for Petitioner :- Satyendra Prakash Singh,Raghvendra P. Singh,Satyendra Singh
 
Counsel for Respondent :- C.S.C.,Amardeep Yadav,Rajiv Raman Srivastava,Rakesh Kumar Chaudhary,Sudeep Kumar
 

 
Hon'ble Vivek Chaudhary,J.

Petitioner has approached this Court challenging the order dated 15.3.2022 passed by the Prescribed Authority in Case No.11243 of 2021 under Section 12-C of U.P. Panchayat Raj Act, 1947 (Act of 1947) and the order dated 1.4.2022 passed by the District Judge, Lucknow in Civil Revision No.25 of 2022.

By the first impugned order dated 15.3.2022, the Prescribe Authority directed for recounting of votes and thereafter, required the concerned authority to take appropriate action and consigned the case to record. Against the said order, the petitioner filed Civil Revision No.25 of 2022 before the District Judge, Lucknow which is rejected by the District Judge, Lucknow on the ground that the order of recounting the votes is interlocutory order and the revision is not maintainable. Reliance is placed by the learned counsel for revisionist upon the case of Mohd. Mustafa. Vs. Up Ziladhikari & others, reported in 2007 (6) AWC 5536.

I have heard learned counsel for petitioner, Sri Sudeep Kumar, learned counsel for respondent No.4 and Sri R.K. Chaudhary, learned counsel for respondent No.1 and 2.

Submission of learned counsel for petitioner is that by the impugned order not merely recounting of votes is directed but entire election petition is disposed of and consigned to record. Therefore, final order is passed under Section 12-C of the Act. Learned District Judge has failed to consider said fact and has wrongly treated the order as of simpliciter recounting of votes.

A perusal of the order dated 1.4.2022 shows that the District Judge has failed to consider the said aspect of the matter. Sri Sudeep Kumar learned counsel for respondent No.4 and Sri R.K. Chaudhary learned counsel for respondent No.1 and 2 also could not dispute that the election petition is finally disposed of. Therefore, it cannot be said that the judgment of Mohd. Mustafa (supra) in which an order of recounting of votes only was directed, is applicable to the facts of the present case. In the present case, the election petition is finally disposed of and, therefore, a revision is maintainable against the same.

In view of above, the order dated 1.4.2022 passed by the District Judge, Lucknow in Civil Revision No.25 of 2022 is set aside. The matter is remanded back to the District Judge, Lucknow for hearing the civil revision on merit. Both the parties shall appear on 29.4.2022 along with a certified copy of this order before the District Judge, Lucknow who shall forthwith consider the said revision and pass appropriate order on stay application/revision. Till 29.4.2022, recounting of votes shall not take place.

With the aforesaid, the writ petition is finally disposed of.

Order Date :- 26.4.2022

Rajneesh JR-PS)

(Vivek Chaudhary, J.)