D.K. Upadhyay, J. - (1.) Heard, Sri Anil Tiwari, learned Senior Advocate assisted by Sri Raj Kumar Singh, learned Counsel for the petitioner, learned Standing Counsel appearing for the respondent Nos. 1 and 2 and Sri Ram Swaroop, who has put in his appearance on behalf of respondent No. 3. Under challenge in this petition is the order dated 13.10.2014 passed by the Sub -Divisional Officer/Prescribed Authority, Kunda, Pratapgarh whereby recounting of the ballot papers pertaining to the election to the office of gram pradhan of gram panchayat, Bachhraulli, Development Block and Tehsil Kunda, Pratapgarh has been ordered.
(2.) Submission of learned Counsel for the petitioner is that the discretion for passing an order for recounting of ballot papers is to be exercised only in case the person seeking to challenge the election is able to establish from the pleadings that prima facie grounds to set aside the election as envisaged in Sec. 12 -C of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as 'Act') exist.
(3.) In support of his submission, he has heavily relied upon the Full Bench decision of this Court in the case of Ram Adhar Singh v/s. District Judge, Ghazipur and others. : 1986 (2) RD 151 (FB).;