Court No. - 23
Case :- WRIT - C No. - 25169 of 2018 Petitioner :- Subhash Chandra Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pranvesh,Amit Saxena Counsel for Respondent :- C.S.C.,Ravindra Prakash Srivastava
Hon'ble Salil Kumar Rai,J.
Vakalatnama filed by Shri Rakesh Pande on behalf of respondent No. 4, is taken on record.
Heard Shri Amit Saxena, learned counsel for the petitioner, learned Standing Counsel representing respondent Nos. 1, 2 and 3 as well as Shri Rakesh Pande representing respondent No. 4. With the consent of counsel for the parties, the present writ petition is being disposed of without calling for any counter affidavit.
The present writ petition has been filed praying for a writ of certiorari to quash the order dated 20.7.2018 passed by respondent No. 3, i.e., Deputy District Magistrate/ Prescribed Authority, Bansi, District-Siddharthnagar in Election Case No. 5 of 2015 instituted under Section 12(c)of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to act, 'Act, 1947') by respondent No. 4, whereby the Prescribed Authority has directed recounting of votes.
A perusal of the order dated 20.7.2018 shows that no findings have been recorded by the Prescribed Authority in his aforesaid order and no reasons have been given for directing a recounting of votes. For the said reason the order dated 20.7.2018 passed by respondent No. 3, i.e., Deputy District Magistrate/Prescribed Authority, Bansi, District-Siddharthnagar in Election Case No. 5 of 2015 is legally not sustainable and is hereby quashed.
The writ petition is allowed. The matter is remanded back to the Prescribed Authority, Bansi, District-Siddharthnagar to pass fresh orders in Election Case No. 5 of 2015 in accordance with law after giving an opportunity of hearing to the parties within a period of three months from the date a certified copy of this order is produced before him.
Order Date :- 26.7.2018 Anurag/-