V.K. Shukla, J. - (1.) Present writ petition has been filed by the Petitioner, questioning the validity of order dated 08.10.2010 passed by Additional District Judge (Special Judge, SC/ST Act, Bulandshahr, refusing to pass order for recounting.
(2.) Brief background of the case is that election for the post of Chairman of Nagar Panchayat Pahasu, District Bulandshahr had taken place on 03.11.2006; counting took place on 09.11.2006 and the results were declared, wherein one Azmal Khan was declared elected. Said election was challenged by the Petitioner by filing election petition under Sec. 20 of the U.P. Municipalities Act, 1916. In the said election, written statement was filed by Azmal Khan disputing the averments mentioned in the election petition and contending therein that the election had been validly held, and there was no short coming in the election. An application 135C was moved by the election Petitioner for recounting of ballots. To the said application objections 138C was filed. The Election Tribunal, after hearing both sides proceeded to reject the application for recounting. At this juncture, present writ petition has been filed.
(3.) Learned Counsel for the Petitioner contended with vehemence that in the present case there were adequate pleadings available supported by oral evidence, which warranted recounting of votes, but the Election Tribunal has erred in law in proceeding to reject the application for calling for the records and directing recounting, as such order passed by Election Tribunal is liable to be quashed.;