Arun Tandon - (1.) HEARD Sri S. C. Kushwaha, learned counsel for the petitioner, Sri C. B. Yadav, learned counsel for respondent No. 5 and learned standing counsel for respondent Nos. 1 to 4.
(2.) THIS writ petition has been filed by Kamla Devi, who was elected as the Pradhan of the Gram Panchayat Chakmeer Fajal Ali, Tehsil Karchhana, district Allahabad against the order of the Election Tribunal/Sub-Divisional Magistrate, Allahabad dated 15.10.2008 passed in Election Petition No. 3 of 2005-08. The facts giving rise to the present writ petition are as follows : "Elections for the office of Pradhan of the Gram Panchayat referred to above took place in the year 2005. The writ petitioner was declared elected on the strength of the highest number of valid vote polled in her favour. The contesting respondent namely Anusuiya filed an election petition under Section 12C of the Panchayat Raj Act against the said election of the petitioner Kamla Devi, which was registered as Election Petition No. 3/2005-08. Alongwith the election petition election petitioner also made an application for recount of the votes. The application was allowed by the Election Tribunal vide order dated 15.10.2008." Not being satisfied with the order so passed petitioner Kamla Devi filed Revision No. 323 of 2008 before the District and Sessions Judge, Allahabad. During the pendency of the said revision Kamla Devi filed Writ Petition No. 58982 of 2008, Kamla Devi v. State of U. P. and others, before this Court. The writ petition was dismissed by the Court vide order dated 14.11.2008 on the ground that the revision was still pending. The revisional court vide order dated 18.11.2008 dismissed the revision on the ground that against the interlocutory order, directing recount of vote, no revision is legally maintainable. This led to the filing of the present writ petition.
(3.) PETITIONER prayed for quashing of the order of the revisional court dated 18.11.2008 and also for setting aside the order of the Election Tribunal dated 15.10.2008, whereby recount of valid vote was directed. Counsel for the petitioner at the very outset stated that in view of the judgment of this Court in the case of Mohd. Mustafa v. Up-Zila Adhikari, Phoolpur, Azamgarh and others, 2008 (2) UPLBEC 1701 : 2007 (6) AWC 5536, the revision filed against the order of recount was legally not maintainable and therefore the order of the District Judge refusing to entertain the revision need not be interfered by this Court. He has confined his challenge to the order of recount dated 15.10.2008 with a further prayer that the respondents may be restrained from declaring the result of the recount and may further be restrained from removing the petitioner from the office because of such recount.;