R.H.Zaidi, J. - (1.) By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction mainly in the nature of certiorari quashing the order dated 15.5.1996 whereby the Election Tribunal constituted under U. P. Panchayat Raj, (for short the Act) framed the preliminary issue regarding counting of votes and order dated 17.6.1996 wherby the respondent No. 1 directed for recounting of votes.
(2.) The brief and relevant facts of the case as unfolded in the affidavits filed by the parties are that the petitioner contested the election for the post of Pradhan of Gram Panchayat, Rajapur Kalan, Post Payagpur, district Bahraich and was declared elected as Pradhan of the Gram Panchayat on 20.4.1996. Respondent No. 2, the defeated candidate filed an election petition under Section 12C of the Act challenging the validity of the election of the petitioner which he has won by 27 votes, within the time prescribed under the law.
(3.) On receipt of the notices from Election Tribunal, the petitioner has filed his written statement denying the allegations made in the election petition. It was on 8.1.1996 that an application was filed on behalf of respondent No. 2 for recounting of votes mainly on the ground that one Sri Ram Chander Shukla, was illegally and unauthorised permitted to participate in the election and to act as supervisor in the counting of the votes. Sri Ram Chander Shukla, illegally, invalidated several votes cast in favour of respondent No. 2 and large scale bungling was done by him in the counting of votes. It was, according to her, therefore, necessary to recount the votes.;