- (1.)Heard learned counsel for the petitioner, learned Standing Counsel for the State and learned counsel for opposite party no.3.
(2.)Through this petition, the petitioner has challenged the order dated 2.1.2013.
The election for the office of Pradhan, Gram Panchayat Dadra, Block and Tehsil Musafirkhana, District Amethi was held on 15.10.2010, in which the petitioner and opposite party nos.3 to 16 were the contesting candidates. After conclusion of polling, counting was done on 28.10.2010 and after counting, result was declared on the same day. Opposite party no.3 filed election petition on 20.1.2011, challenging the election of the petitioner, inter alia, on the ground that counting was not done properly and there was irregularity in counting. The issues were framed on 11.7.2011. The opposite party no.3 examined himself and one Sandeep Singh in support of his case, proved the contents of the election petition and the facts stated therein. The petitioner i.e. defendant no.1 in the election petition examined himself and one Ranveer Singh and stated that no irregularity was committed in recounting. However, on demand made by opposite party no.3, recounting was done by the returning officer in which, no illegality was found. Further, the parties adduced their evidence in support of their claim and after considering the evidence of the parties i.e. petitioner and opposite party no.3, the prescribed authority passed an order for recounting of votes on 2.1.2013 fixing 8.1.2013 for recounting. The said order has been challenged in this writ petition.

(3.)Submission of learned counsel for the petitioner is that merely on the basis of discrepancy in form nos. 11 and 6 of booth nos. 17 and 23, no recounting could have been ordered. The opposite party no.3 was supposed to lead specific evidence in support of his pleading and as and when, pleading was complete and evidence adduced thereof was sufficient to make out the case for recounting, only then recounting could have been ordered. He has placed reliance upon the judgment in the cases of Mahendra Pal vs. Shri Ram Dass Malanger and others, 2002 20 LCD 993 and Amit Narain Rai vs. State of U.P. and others, 2012 2 UPLBEC 1582.