SADHNA Vs. NIRMALA DEVI AND 5 OTHERS

JUDGEMENT

(1.) The petitioner in the writ petition is seeking quashing of the order dated 19.07.2017 whereby the Sub Divisional Magistrate/Prescribed Authority-Election Tribunal has directed recounting of votes.

(2.) Briefly stated the facts of the case are that election for the post of Gram Pradhan of Gram Panchayat Ramwapur Mishra, Block Saatha, District Sant Kabir Nagar was held on 28.11.2015. In the election the petitioner was elected as Gram Pradhan. The Gram Panchayat Ramwapur Mishra comprises four villages, i.e. Ramwapur Mishra, Khajuria, Parsohiya and Sekhui/Kotia of which Ramwapur Mishra is a constituency reserved for woman candidate. Five women candidates filed their nomination papers, out of which 2 withdrew, therefore the contest was only between three candidates, namely, Smt. Sadhna (petitioner herein), Smt. Nirmala Devi (respondent no.1 herein) and Smt. Laxmi (respondent no.6 herein). It is stated that there were a total of 1336 voters and election was held at Booth No.139 and 140 in Primary School Sekhui/Kotia and 943 votes were cast. The counting of votes took place on 13.12015 in the Ajiullah Higher Secondary School, Saatha, District Sant Kabir Nagar. The petitioner received 443 votes, respondent no.1-Smt. Nirmala Devi received 425 votes and the respondent no.6-Smt. Laxmi received 70 votes and 5 votes were declared invalid and the petitioner was declared elected as Gram Pradhan and a certificate to that effect was issued on 13.12015 and she took charge of the said post on 20.12015. On 13.01.2016 the respondent no.1-Smt. Nirmala Devi is stated to have filed election petition under Section 12-C of the Uttar Pradesh Panchayat Raj Act, 1947 and the same was registered as Election Petition No.T201617650313 (Nirmala Devi Vs. Sadhna and Others). The petitioner contested the election petition and thereafter the Prescribed Authority passed the impugned order dated 19.07.2017 ordering for recounting of votes.

(3.) I have heard Shri Sanjay Kumar Om, learned counsel for the petitioner, Shri V.K. Dubey and Shri Manish Kumar Pandey, learned counsel for the respondent no.1, learned Standing Counsel for the respondents no.2 and 3 and perused the documents on record.