- (1.) M. Katju, J. This writ petition has been filed against the impugned order of re-counting dated 22. 3. 1996.
(2.) HEARD the learned counsel for the parties. The petitioner was elected as Pradhan of Gram Sabha Pamnauli. An election petition was filed against her which is pend ing. The impugned order of re- counting has been passed during the pendency of the election petition. A perusal of the impugned order shows that the election Tribunal has ob served that 29 persons have given affidavits stating that there were irregularities in the counting whereas seven persons have given affidavits to the contrary. The Tribunal, thereafter, has observed that after perusing the record and hearing the argument, he is of the opinion that prima facie there was violation of the relevant rules and hence he ordered for recounting. It is settled law that order of re counting cannot be passed as of course as it interferes the secrecy of the ballot. In Ram Adhar Singh v. District Judge, Ghazipur, 1985 UPLBEC 317 a Full Bench of this Court has given the conditions under which an order of re-equating can be passed. Condition No. 3 as mentioned in the said judgment is that the Court must be prima facie satisfied on the material produced before the Court regarding the truth of the allegation made therein. In my opinion this means that the Election Tribunal must at least in brief consider the evidence before it and discuss it briefly in the order of recounting and men tion who' the evidence of the election petition 'its been prima facie accepted and not of the opposite party. The impug ned order is a cryptic order which does not discuss any material on record and merely states that the Tribunal is prima facie satis fied that there was violation of the rules.
(3.) IN my opinion this is not the proper approbation According by the order of re counting is set aside and I direct the respon dent No. 1 to pas:- a fresh order within one month from the date of production of a certified copy of this order before him in the light of the observations made above after hearing the parties con cerned. The petition is disposed of accord ingly. Petition allowed .;