High Court of Judicature at Allahabad
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Smt. Gauri Devi v. State Of U.P. & Others - WRIT - C No. - 47549 of 2007  RD-AH 16091 (27 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ashok Bhushan, J.
Sri Satish Chandra Misra appears on behalf of respondent no. 5.
Learned counsel for the petitioner submits that the Sub Divisional Officer has passed an order for recount on 20.9.2007 against which order respondent no. 5 filed a revision on 21.9.2007 and the learned District Judge passed an interim order on 21.9.2007. Learned counsel for the petitioner submits that the election petition is being pending and the order of the Sub Divisional Officer was directing for recount hence the revision was not maintainable in view of the Division Bench judgment of this Court reported in 2007 (7) Allahabad Daily Judgements Page 1 Mohd. Mustafa Versus Up Ziladhikari, Phoolpur, Azamgarh and others . The Division Bench in the said judgment has laid down that against an order of recount no revision lie before the District Judge.
In view of above , the interim order granted by the revisional court deserves to be stayed.
Let a counter affidavit be filed within two weeks. Rejoinder affidavit may be filed within one week thereafter.
List on expiry of aforesaid period.
In the mean time the order dated 21.9.2007 passed by the District Judge shall remain stayed. However, it is made clear that the respondent no. 5, if so advised, may challenge the order of recount. Learned counsel for the respondents contends that this Court may pass an order staying the order of the Sub Divisional Officer by which recount was directed. The present writ petition has been filed against the order of the District Judge by which the order of the Sub Divisional Officer has been stayed. There is no occasion to pass any order as prayed. The prayer made by the counsel for the respondents is rejected.
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