The High Court dismissed the writ petition seeking recounting of votes. It held that the impugned order was consequential to a pending writ petition (WP No. 25549 of 2019) and the proper remedy was to file a counter affidavit in that pending proceeding, rendering this petition non-interference.
The writ petition failed and was dismissed.
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Court No. - 39
Case :- WRIT - C No. - 3582 of 2020
Petitioner :- Shantanu Mittal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lal Ji Pandey,Abha Pandey Counsel for Respondent :- C.S.C.,Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Sri G.K. Singh, learned Senior counsel, assisted by Sri C.P. Yadav for the private respondent no.5.
This petition is directed against an order dated 20.11.2019 passed by the Regional Level Committee, according to which, there is no provision in the scheme of administration for recounting of votes and, therefore, prayer for recounting of votes made by the petitioner has been rejected. Even otherwise, it is observed that no material is placed before the Regional Level Committee for passing such an order.
Aggrieved by this order, petitioner is before this Court.
Record reveals that an earlier order passed by the Regional Level Committee for recounting of votes has been challenged before this Court in Writ Petition No. 25549 of 2019 and an interim protection has been granted on 2.8.2019. The said writ petition is pending and the petitioner has not filed any counter affidavit in the said writ petition. The order impugned is virtually a consequential order flowing from the earlier order passed in Writ Petition No. 25549 of 2019. Remedy of the petitioner is to file counter affidavit in the pending writ petition and invite an adjudication on merit. No interference in the order impugned dated 20.11.2019 therefore is called far. Writ petition fails and is accordingly dismissed.
Order Date :- 11.2.2020
n.u.
1 issue framed by the court
Whether this Court should interfere with the order rejecting the prayer for recounting of votes when the remedy lies in filing a counter affidavit in a pending writ petition?
Shantanu Mittal
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
