• UP Panchayat Raj Act, Section 12C Election petition Order passed directing for recounting of votes Order of recounting cannot be passed only for the sake of it and on the basis of vague allegation without specifying any particular irregularity in counting as well as how it would affect election result materially In the present case, in the body of election petition vague assertions have been made regarding illegal rejection of valid votes which are not substantiated either in examination of election petitioner or otherwise on the basis of record available Sub-Divisional Magistrate has exercised its jurisdiction of recounting only on the basis of roving inquiry without substantial ground or evidence on record Order for recounting of votes not sustainable in law Hence quashed and set aside Present writ petition allowed. [Paras 15 to 17]
. Sajid vs Divisional Magistrate Kairana WPC 294/23 11/01/23 [ Saurabh JJ ]
[ ALLAHABAD HIGH COURT ]