Uttar Pradesh Kshetra Panchayats (Election of Pramukhs and Up-Pramukhs and settlement of election disputes) Rules, 1994 – Section 35 – Election – Recounting of Votes – Challenge to order of recounting of votes – Held: Before Court can order for recount, two basic requirements must be satisfied i.e., (i) election petition must contain adequate statement of all material facts on which the petitioner relies in support of his allegations as to irregularity or illegality in counting of votes, and (ii) on basis of evidence adduced in support of allegations, Court must be prima facie satisfied that in order to decide the dispute and to do complete and effectual justice between the parties, making of order as to recount is imperatively necessary. This Court finds that the impugned order suffers from illegality as there was no justification or prima facie satisfaction recorded by the Presiding Office prior to passing the order directing for recounting, thus, the impugned order dated 05.07.2023 cannot be sustained and is quashed. The writ petition is allowed. (Para 37, 38)
ALLAHABAD HIGH COURT
Citation: 2023 STPL(Web) 2 ALL
Neutral Citation No. – 2023:AHC:153832
Vijay Singh Vs. Rajdeep Singh and another
WRIT – C No. – 23105 of 2023-Decided on 2-8-2023
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