M.P.Singh - (1.) -The respondent no. 2 was elected as Pradhan of Gaon Sabba Badauli, District Varanasi in the year 1988.
(2.) THE petitioner challenged the said election under section 12-C of the U. P. Panchayat Raj Act (hereinafter referred to as the Act). THE ground taken in the election petition was that the Election Officer and his staff were in collusion with the respondent no 2. Counting of the ballot papers was not fair, an objection was raised on behalf of the petitioner at the time of counting but the petitioner and his agents were forced to leave the place where the counting was going on. The petitioner led some evidence in support of his petition and filed an application for recounting. On 29-3-1990 the Sub-Divisional Officer allowed the said application though the election petition is still pending.
(3.) NOW the question is whether this order of recounting was proper on the Sub Divisional Officer has acted in the exercise of jurisdiction with material irregularity and illegality. Against the said order of recounting the respondent no. 2 filed a revision before the learned District Judge. The revisional court by means of the impugned order dated 18-8-1990 set aside the order of recounting. He issued a further direction that the election petition may be disposed of in accordance with law. The present writ petition is directed against this order.;