Rajes Kumar, J. - (1.) BY means of the present writ petition, petitioner is challenging the validity of the order dated 4th January, 2009 passed by Up-Ziladhikari, Bareilly by which it has directed for recounting of votes.
(2.) BRIEF facts of the case giving rise to the present writ petition are that in an election held for Gram Panchayat, village Jokhanpur, Block Damkhoda, Tehsil Baheri, District Bareilly, the petitioner was declared elected. Respondent No. 3 has filed Election Petition being Election Petition No. 5/4 of 2005. In the said election petition, nine issues were framed. On 3rd August, 2008, respondent No. 3 moved an application for summoning of record and for recounting on which the objection was filed by the petitioner. Thereafter, on 26th December, 2008, order was passed that the application would be disposed of at the time of hearing of the election petition itself. On the hearing of the election petition by the impugned order dated 4th January, 2009 issue Nos. 2 to 9 were decided. While deciding the issue Nos. 2, 3 and 4, it was held that the counting was doubtful and in the interest of justice, recounting is necessary. It has been further held that the issue No. 1 will be decided after recounting and accordingly, direction was issued for recounting. Being aggrieved by the impugned order, the said writ petition has been filed. Counter and rejoinder affidavits have been exchanged.
(3.) WITH the consent of learned counsel for the parties, present writ petition is being disposed of finally. Learned counsel for the petitioner submitted that the applications for recounting was made after three years from the date of filing of the election petition and, therefore, the authority below has erred in allowing the application directing for recounting. He submitted that no request has been made for recounting in the election petition, therefore, the direction for recounting is wholly unjustified. He further submitted that there was absolutely no justification for recounting. In support of his contention, he relied upon the Full Bench decision of this Court in the case of Ram Adhar Singh v. District Judge, Ghazipur and others, 1985 UPLBEC 317 and learned Single Judge decision of this Court in the case of Ram Gopal v. Up-Ziladhikari, Mathura and others, 2004 (4) AWC 3343 and Dharmendra Kumar v. State of U.P. and others, 2008 (5) ESC 3622 (All).;