Siddhartha Varma, J. - (1.) The instant writ petition has been filed against the judgment and order dated 2.5.2017 by which the Prescribed Authority/Sub Divisional Officer, Khair, District-Aligarh, has directed for the recount of the votes cast.
(2.) After an election was held and the petitioner was declared elected on 13.12.2015, an Election Petition under Section 12-C of the U.P. Panchayat Raj Act was filed. After the exchange of pleadings issues were framed. On 13.4.2017 an application was filed by the respondent no. 2 by which he prayed for the recount of votes. The petitioner filed her objection on 19.4.2017. The matter was heard and orders were to be passed thereafter. On 27.4.2017, another affidavit was filed by the respondent no. 2 bringing on record certain photocopies of the list of Parishist-6 and allegations were made which were based on the Parishist-6. It had stated that out of the 5020 votes which were counted, 4888 were valid votes while the others were cancelled ones. By the affidavit and the Parishist-6 the respondent no. 2 had filed, it was further contended that while the valid votes were 4885 and the cancelled votes were 132 the total figure should have been given out as 5017. Therefore, it had been stated that there was sufficient ground for recounting of votes.
(3.) In the affidavit filed on 27.4.2017 it had also been stated that in Parishist-6 even though the candidate Dharamwati, who had been arrayed as respondent no. 4 was shown as having got three votes, Parishist-6 actually was indicating that she had got no vote whatsoever.;