In a writ petition challenging an order directing recounting, the single judge held the petition was without basis and disposed of it, clarifying the order directs final orders only after recounting results.
Clarified that the impugned order is not final and will not affect the right to pass final orders post-recounting.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- WRIT - C No. - 8873 of 2023
Petitioner :- Boby Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vishal Agarwal Counsel for Respondent :- C.S.C.,Parth Sharma,Syed Irfan Ali,Tarun Agrawal
Hon'ble Pankaj Bhatia,J.
Supplementary affidavit filed today, is taken on record. The contention of the counsel for the petitioner is that while passing the impugned order dated 03.03.2023 for recounting, from the order, it transpires that the entire election petition stands disposed off which is not possible in view of the directions that the recounting be done. He further argues that the ballot papers were not seized, as such, the order of the recounting is an improper exercise of jurisdiction.
Sri Syed Irfan Ali appears for respondent no. 5, argues that the order impugned only directs the recounting, there is no pleading to demonstrate that the order, on any grounds, is unsustainable. He argues that although, the order portion of the impugned order dated 03.03.2023 is not properly worded there is nothing on record to demonstrate that the entire election petition stands disposed off, in view of there being specific direction recording that after the recounting, final order shall be passed. He further argues that in regard to the second submission, no such pleading was raised before the Prescribed Authority and as such, the same cannot be raised at this stage.
Be as it may, the facts remain that the challenge to the recounting is without any basis as pleaded
in the writ petition coupled with the fact that the order impugned itself records that final order shall be passed after recounting.
Writ petition is disposed off by clarifying that the order impugned shall not be treated as a final order and the final orders shall be passed by Prescribed Authority Election Tribunal after the results of recounting is produced in accordance with law.
The second submission cannot be considered as no pleadings and arguments to that effect were made before the Election Tribunal.
Writ petition is disposed off accordingly.
Order Date :- 5.4.2023 S.A.
Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad
2 issues framed by the court
Whether the order directing recounting amounts to disposal of the election petition.
Whether the challenge to recounting on grounds of non-seizure of ballot papers was validly pleaded.
Boby Devi
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
