Hon'ble Saurabh Lavania,J.
The case is taken up through Video Conferencing.
Heard Mr. Vinay Mishra, learned counsel for the petitioner, learned Standing Counsel on behalf of the State and Mr. Rakesh Kumar Chaudhary, learned counsel appearing on behalf of State Election Commission.
The instant writ petition has been filed seeking following reliefs:
"(i) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to carry out recounting of votes relating to booth no.116 and 117 along with that of booth no.115 in ward no.35 Devapur, where fresh ballots would be cast after cancellation of election due to certain proven irregularities and matter has been referred to the state election commissioner, in the interest of justice.
(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure that counting of votes in respect of ward no.35 Devapur for the seat of member Kshetra Panchayat is carried out in free and fair manner in relation to booth no.115, 116 and 117, in the interest of justice.
(iii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to carry out re-election in booth no.116 and 117 together with booth no.115 where due to proven irregularities elections have been canceled and matter has been referred to the state election commissioner.
(iv) issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper under the circumstances of the case in the interest of justice.
(v) Allow the writ petition with costs."
Learned counsel for the petitioner submits that the District Election Officer i.e. District Magistrate, Pratapgarh has made the recommendation for recounting of votes relating to booth nos.116 and 117 along with booth no.115 in ward no.35, Devapur in the election of seat of Member in the Kshetra Panchayat.
Mr. Rakesh Kumar Chaudhary, learned counsel appearing on behalf of the State Election Commission on the basis of instructions submits that the proposal/recommendation made by the District Magistrate concerned has been received by the State Election Commission and it is under consideration and appropriate decision thereon will be taken within a short time.
In view of above, we do not find any reason to grant indulgence in the matter. Let appropriate decision be taken on the proposal/recommendation made by the District Magistrate concerned in this regard by the concerning authority at the earliest.
With the aforesaid observation, writ petition is disposed of.
Order Date :- 31.5.2021 Ram.