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The Allahabad High Court has held that recounting of votes to the satisfaction of the complainant cannot be ordered. Such an order is not valid under law. The court has quashed the order for re-counting of votes in the election of village head of SDM Ghanghata, Sant Kabir Nagar terming it as illegal.
Said, one year has passed since the election petition was filed. Therefore, according to the SDM rules, pass a fresh order in two months. This order has been given by Justice Prakash Padia on the petition of Anil Kumar vs Ranjan Pandey and seven others. It has been said on behalf of the petitioner that re-count cannot be ordered on the basis of the satisfaction of the litigant. The point of issue has also not been decided. Nor has the findings been recorded.
It was objected on behalf of the government that a revision petition should be filed against the order of the SDM. The petition is not maintainable. In response to this, the petitioner advocate said that revision petition can be filed only on the final order.
