B.AMIT STHALEKAR,J. - (1.) Heard Sri Raghuvansh Mishra, learned counsel for the petitioner, Sri Surendra Nath Tripathi learned counsel for the respondent no.3 and learned standing counsel for the respondents no. 1, 2,5,6,7,8 and 9.
(2.) The petitioner in the writ petition is seeking quashing of the order dated 20.4.2017 passed by the Sub Divisional Magistrate, Kasimabad, Ghazipur in Election petition no. T 20151429104203 (Phool Chand Vs Sharmajeet and others) whereby he has ordered for recounting of the votes and to submit the fresh results before the prescribed authority. Briefly stated the facts of the case are that election for the post of Gram Pradhan of Village Kodai, Tehsil Sadar, Nyay Panchayat Singera Block Mardah was held on 5.12.2015. The petitioner along with respondents no. 3 and 4 contested the election, counting took place on 13.12.2015 and the results were declared on the same date. The petitioner secured the highest number of votes being 715 whereas the respondents no. 3 and 4 secured 707 and 155 votes respectively. On 29.12.2015, the respondent no.3 filed an election petition no. T20151429104203, Annexure-3 to the writ petition, before the Sub Divisional Magistrate, Kasimabad, District Ghazipur under Section 12-C of the U.P. Panchayat Raj Act, seeking a direction that all the original records with regard to the election in question be summoned and the papers be re-examined and recounting be ordered and thereafter, the respondent no.3 i.e. the election petitioner be declared as elected as the winning candidate.
(3.) The SDM, Kasimabad by his order dated 20.4.2017 after hearing the parties directed for recounting of votes and thereafter, the matter be placed before him. The submission of the learned counsel for the petitioner is that the election petition itself was filed on wholly vague allegations. Reference has been made to para 3 of the election petition in which it was stated that three booths, namely, booth no. 73, 74 and 75 were made available. In polling centre no. 73, 469 votes were cast, in centre no. 74, 635 votes were cast and in centre no. 75, 500 votes were cast; total 1604 votes were cast out of 2224 electorates. In para 4 of the election petition, it is stated that about 10 -11 votes were such on which clear seal on the election symbol of ''Anaj Osata Kishan' was marked but it was declared invalid only because thumb impression was there. Whereas in respect of opposite party no. 1 (i.e. the petitioner herein) similar votes were held to be valid and taken for purposes of recounting. It was also alleged that in favour of opposite party no.1,petitioner herein, such votes which had a seal on the election symbol ''Imli' as well as symbol ''Kanni' was accepted as valid and, therefore, there was favoritism shown in favour of the opposite party no.1. In para 5 of the election petition, it was alleged that the respondent no.3 submitted a written complaint for recounting but the Returning Officer took the complaint but did not take any action and only kept assuring that he would look into the matter. But later on, the election was declared in favour of the petitioner showing that he had received 715 votes whereas the respondent no.3-election petitioner had secured 707 votes and 12 votes were declared to be invalid. It is stated in para 7 of the election petition that total 1604 votes were cast out of which 1577 were declared valid and 27 votes were invalid votes. ;