- (1.) The petitioner has challenged the order dated 30th July, 2013 passed by the Prescribed Authority directing recounting of the ballot papers.
(2.) The facts leading to the filing of the writ petition is, that the election for the post of Pradhan of Gram Panchayat Ahmalpur, City, District Mirzapur was held on 11th October, 2010. Out of 1628 votes, 1106 persons cast their votes. There were two polling booths no.218 and 219. The petitioner secured 268 votes and respondent no.4 obtained 266 votes. 40 votes were invalid. The petitioner was accordingly, declared elected as the Pradhan. The respondent no.4, being aggrieved by the declaration of the result, filed an election petition before the Prescribed Authority/Sub-Divisional Magistrate, Sadar, District Mirzapur contending that after the counting of the votes he was declared elected as he had obtained 269 votes and that the petitioner had obtained 265 votes.
(3.) The respondent contended that he was elected pursuant to the declaration of the result. He came out of the counting hall but after a short while, he came to know that the bundles of the ballot papers were reopened and fresh counting was conducted. The petitioner made a protest, which went unheard and, on the other hand, the authorities pushed him outside the counting hall with the help of the police. The said respondent contended that the votes recorded in form no.4, 6 and 7 were manipulated by making cuttings and overwriting and that the authorities by this manipulation illegally declared the petitioner as the elected Pradhan.;