Hon'ble Saurabh Lavania,J.
Heard learned counsel for petitioners and learned Additional Chief Standing Counsel for State.
This writ petition has been filed seeking a writ of mandamus to opposite parties for recounting of vote as certain of Booths in respect of Village Panchayat - Gaideeh, Block Sriduttganj, District- Balrampur.
Learned counsel for opposite parties submitted that the election is already over and result has already been declared.
At this stage learned counsel for petitioner insisted that even though the writ petition is not maintainable and he is aware of it, he would like to argue the matter, therefore, he was heard.
Learned counsel for petitioner contended that he has submitted an application on 03.05.2021 itself for recounting which was received by the Returning Officer but the application was not considered.
We are of the considered view that this could be taken as a ground for challenging the election by filing an election petition, but, there is no way that after be result have been declared a writ petition under Article 226 of the Constitution of India can be entertained and it is therefore dismissed with cost of Rs.2,000/- which shall be deposited within a period of one month failing which it shall be recovered as arrears of land revenue.
Order Date :- 19.5.2021 R.K.P.