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2025 DAILYLAW 76644 (ALL)

SUBHASH CHANDRA v. STATE OF U.P. AND 2 OTHERS

WRIC/23233/2025 · 2025-07-27

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123751 Court No. - 33 Case :- WRIT - C No. - 23233 of 2025 Petitioner :- Subhash Chandra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neha Khan Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. In the proceedings initiated by the petitioner under Section 12-C of the U.P. Panchayat Raj Act, 1947 in Case No. 2989 of 2021 (Subhash Chandra vs. Dharmpal and another), an order dated 17.04.2025 was passed by the Respondent No.2 namely Prescribed Authority/ Sub Divisional Officer, Tehsil- Budhana, District - Muzaffar Nagar fixing 07.05.2025 for recounting of votes. 2. Due to non-availability of police, the recounting of votes could not be conducted on the said date and thereafter the next date was fixed for recounting is 10.06.2025. 3. It is argued that inspite of the aforesaid orders passed by the Respondent No. 2 by which the direction was given for recounting but till date no recounting has been done. It is further argued that in this regard representations were made by the petitioner before the District Magistrate, Muzaffar Nagar since no decision has been taken, hence the present writ petition. It is further argued that the next date fixed for recounting of votes is 14.08.2025. 4. On the other hand, it is argued by the learned Standing Counsel that the recounting of votes will be done by the authorities on the next date fixed in the matter. 5. In this view of the matter and also in the interest of justice, District Magistrate, Muzaffar Nagar is directed to look into the matter and take all necessary steps, so that recounting of votes will be done on the next date fixed in the matter i.e., 14.08.2025, unless there is no legal impediment. 6. With the aforesaid observations, the writ petition is disposed of. Order Date :- 28.7.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad