B. Amit Sthalekar, J. - (1.) Heard Shri Krishna Ji Khare, learned counsel for the petitioner, Shri Anil Kumar Aditya, learned counsel for the respondent no.4 and the learned Standing Counsel for the respondents no.1 to 3.
(2.) The petitioner in the writ petition is seeking quashing of the order dated 15.02.2018 passed by the Additional District Judge, Varanasi in Revision No.130 of 2017, Manoj Vs. State of U.P. and Others.
(3.) The facts of the case as stated in the writ petition are that the Gram Panchayat Elections were notified in the year 2015 and election for the post of Gram Pradhan in village Bantari, Block Cholapur, District Varanasi was held on 05.12.2015. The counting of votes took place on 13.12.2015 and the result was also declared on the same date. It is stated that the petitioner secured 462 votes whereas the respondent no.4 secured 461 votes and therefore the petitioner won the election by one vote and was declared elected. The respondent no.4, however, not being satisfied with the election filed an election petition on 22.12.2015 before the Sub Divisional Magistrate, Sadar, District Varanasi/Prescribed Authority. The petitioner opposed the election petition. The Prescribed Authority by his order dated 25.11.2017 dismissed the election petition. Aggrieved, the respondent no.4 filed revision which was allowed by the Additional District Judge/Special Judge (E.C. Act), Varanasi by the impugned order dated 15.02.2018 and the order of the Prescribed Authority has been set aside and a direction has been issued to the respondents to hold recounting under videography and submit the same before the Prescribed Authority.;