Neutral Citation No. - 2025:AHC:28176 Court No. - 33 Case :- WRIT - C No. - 3159 of 2025 Petitioner :- Prabha Devi Respondent :- The State Of U.P. And 9 Others Counsel for Petitioner :- Maithali Sharan Pipersenia,Shailendra Kumar Tripathi Counsel for Respondent :- Arun Kumar Tripathi,C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner, learned counsel for respondent no.3 and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "(i) issue a writ, order or direction in the nature of certiorari quashing the order dated 22.01.2025 (Annexure No.1 to the writ petition) passed by the Additional District Judge Court No.5, Kannauj. (ii) issue a writ, order or direction in nature of certiorari quashing the order dated 04.11.2024 (Annexure No.2 to the writ petition) passed by the respondent no.2 Prescribed Authority/Up Ziladhikari Tirwa, District Kannauj." 3. On 27.1.2025, this Court has recorded the following order: "It is submitted by learned counsel for the petitioner that the petitioner is winning candidate. The election petition was filed by the respondent nos. 3 on the ground that the order of recounting was passed on the basis of surmises and conjectures. No finding has been recorded as to the fact that there was any discrepancy in the counting process just because the record was not produced. The court has presumed that the counting was not properly done. He submits that such a finding is not tenable under law. It is further submitted by learned counsel for the petitioner that the records were not produced. The court was not satisfied with the report of the election authorities then the remedy was to call for records by recording the statement of the election authorities, however, by recording vague finding that non production of the records or vague report being the foundation of re-counting would not be acceptable. Learned Standing Counsel prays for and is granted three weeks' time to obtain instructions. List this case on 28.02.2025 as fresh. As an interim measure, the effect and operation of the impugned order dated 22.01.2025 passed by the Additional District Judge, Court No. 5, Kannauj and order dated 04.11.2024 passed by the respondent no. 2 Prescribed Authority/Up Ziladhikari Tirwa, District Kannauj, shall be kept in abeyance till the next date of listing. The matter is taken up on urgency mention made by learned counsel for the petitioner as re-counting process has been directed to be taken on 05.02.2025." 4. It is not in dispute between the parties, learned counsel for petitioner and learned counsel for respondent no.3 that the impugned order may be set aside and the matter may be remanded back to respondent no.2 for decision afresh after production of entire records of the election process including ballot papers before the respondent no.2. 5. In view of agreement reached between the parties, the impugned order dated 22.01.2025 passed by Additional District Judge Court No.5, Kannauj and order dated 4.11.2024 passed by respondent no.2-Prescribed Authority/Up Ziladhakari Tirwa, District Kannauj are set aside and the matter is remanded back to respondent no.2- Prescribed Authority/Up Ziladhakari Tirwa, District Kannauj for decision afresh. The State is directed to produce the records as required before the respondent no.2 within 20 days. Respondent no.2 shall give an opportunity of hearing to the parties and after receiving the records as required may proceed to decide the election petition afresh within a period of three months. 6. Accordingly, the writ petition is allowed. Order Date :- 28.2.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad