The Allahabad High Court has stayed the re-counting of votes for the election of village head of Jogiabir Gram Panchayat in Azamgarh district on February 3.
A Single Bench of Justice Vikram D Chauhan passed this order while hearing a petition filed by Khursheed Ahmad.
The petition has been placed on the basis of urgency application moved by petitioner as re-counting process is to take place on February 3, 2025. The Court is closed on February 3, 2025 and as such, matter is taken up on the basis of urgency application.
There is caveat filed by Janardan Yadav, Advocate on behalf of respondent no 1-Mobin Ahmad.
On February 02, when the matter is taken up, Sanjeev Kumar Yadav, counsel for petitioner has informed that Whatsapp message has been sent to Janardan Yadav, counsel for caveator yesterday and he has replied back on Whatsapp message that counsel for caveator is not available today.
Since there is caveat in the case, the matter cannot be taken up.
However, counsel for petitioner submits that re-counting is to take place on 3rd February, 2025 at 11:00 a.m and the Court being closed tomorrow i.e 3rd February, 2025 on account of Basant Panchami holiday and there may be traffic restrictions, as such, in order to protect the interest of petitioner, the interim order would be required.
Dilip Kumar Tiwari, Prabhakar Tripathi and Suryabhan Singh, Standing Counsel for the State have no objection if the date is fixed in the next week.
“Since counsel for caveator is not available today and re-counting is to take place tomorrow i.e 3rd February, 2025 at 11:00 a.m and the Court is closed on said date and there may be traffic restrictions, as such, in the interest of justice, as an interim measure, it is provided that re-counting fixed on 3rd February, 2025 shall remain stayed till the next date.
Standing Counsel is directed to communicate the order passed today to the authority concerned forthwith.
Petitioner would be at liberty to submit the downloaded copy of the order from the website before the authority concerned subject to deposit of certified copy later on,” the order reads.
The court has fixed the next hearing of the petition on February 6, 2025.
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