HONBLE SUDHIR AGARWAL,J. - (1.) THIS writ petition under Article 226 of the Constitution of India is directed against the order dated 14.10.2011 passed by the Deputy Collector/Prescribed Authority, Bansgaon, District Gorakhpur in an Election Petition filed under Section 12C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "the Act, 1947") directing for recounting of votes polled in election held in 2010 of Gram Pradhan of Gram Panchayat Bishunpur, Keshtra Panchayat Bansgaon, District Gorakhpur.
(2.) THE petitioner and respondent no.7 were candidate along with five others contesting election to the office of Gram Pradhan, Village Panchayt Bishunpur. Polling took place on 22.10.2010. It is said that 3,000/ votes in total were cast out of which 213 were declared invalid. The petitioner secured 1403 votes while respondent No. 7 was polled 1384 votes as a result whereof, the petitioner was declared successful. Respondent no.7 preferred an election petition under Section 12C of Act 1947 vide his petition dated 9.11.2010, a copy whereof has been filed as Annexure No.1 to the writ petition. It was registered as election petition No. 01 of 2010. The case set up by respondent no.7 was that there were six Polling Booths numbered as 152, 153, 154, 155, 156 and 157. Polling took place on 22.10.2010 and as per tally of used votes supplied to the candidates by the Polling Officers, the number of votes polled boothwise was as under: SN. Booth No. Number of votes polled 1. 152 506 2. 153 505 3. 154 409 4. 155 470 5. 156 448 6. 157 624 Total 2962
(3.) COUNTING took place on 28.10.2010 and concluded on 29.10.2010. The number of votes found for counting were 3000. Booth wise figure supplied by the Returning Officer in respect of the votes, counted and entries given in Form4, is as under: SN. Booth No. Number of votes polled 1. 152 506 2. 153 505 3. 154 409 4. 155 470 5. 156 455 6. 157 655 Total 3,000 Note : 38 votes in excess of polling.;