C.K.PRASAD, J. - (1.) WRIT petitioner-appellant, aggrieved by order dated 30.6.2009 passed by a learned Single Judge in Civil Misc. Writ Petition No.29110 of 2008, has preferred this appeal under Rule 5 of Chapter VIII of the Allahabad High Court Rules.
(2.) SHORT facts giving rise to the present special appeal are that the writ petitioner, a successful candidate in the election of the office of the Gram Pradhan challenged the order dated 12.6.2008, whereby the Prescribed Authority in exercise of the power under Section 12-C of the U.P. Panchayat Raj Act, had summoned the ballot papers. In the light of the aforesaid order, the ballot papers were produced and its recounting had taken place on 19.6.2008. Writ petitionerappellant had not challenged the order dated 19.6.2008. Taking into account the aforesaid facts, the learned Single Judge declined to interfere in the matter and has observed as follows:- "Having considered the submissions made by the learned counsel for the parties and having perused the records of the present writ petition, I am of the considered opinion that this writ petition does not warrant any interference by this Court at this stage. Writ proceedings initiated against the order dated 12th June, 2008 have lost all efficacy in view of the recount of votes, which has taken place, more so when order dated 19th June, 2008, has not been challenged. However, order passed today by this Court shall not prejudice the rights of the petitioner to challenge the final order passed in the election petition by the Election Tribunal, if the same is found adverse to him including challenge to the order dated 12th August, 2008, whereby recounting has been directed, by way of revision under Section 12-C of the U.P. Panchayat Raj Act."
(3.) WE have heard Mr. Amulya Ratan Srivastava for the appellant, Mr. Awadhesh Kumar Singh for respondent no.3 and Mr. M.S. Pipersenia, learned Additional Chief Standing Counsel for respondents 1 and 2.;