ELECTION — Panchayat Elections — Recounting of votes — Nature of recount order — Final order or interim order — Doctrine of functus officio — Distinction between present case and Raj Kumari v. Asha Devi — Prescribed Authority allowing election petition and simultaneously directing recount — Thereafter declaring election petitioner elected after recount — Legality — Held, unlike in Raj Kumari v. Asha Devi, where recount order was held to be interlocutory in nature, order in present case expressly allowed election petition and rejected objections of returned candidate and therefore constituted final order — Consequently, Prescribed Authority became functus officio and lacked jurisdiction to pass subsequent order declaring appellant elected after recount — High Court rightly setting aside subsequent proceedings. (U.P. Panchayat Raj Act, 1947, S.12-C — Constitution of India, Art.243-O) Held : In Raj Kumari v. Asha Devi, Supreme Court held that recount order therein was merely interlocutory and final order was passed subsequently. However, in present case, order dated 05.11.2022 itself finally allowed election petition. Therefore, Prescribed Authority became functus officio upon passing said order and could not thereafter continue proceedings or declare appellant elected on basis of recount. Paras 18 to 21.

advocatemmmohan

APEX COURT HELD THAT 

ELECTION — Panchayat Elections — Recounting of votes — Nature of recount order — Final order or interim order — Doctrine of functus officio — Distinction between present case and Raj Kumari v. Asha Devi — Prescribed Authority allowing election petition and simultaneously directing recount — Thereafter declaring election petitioner elected after recount — Legality — Held, unlike in Raj Kumari v. Asha Devi, where recount order was held to be interlocutory in nature, order in present case expressly allowed election petition and rejected objections of returned candidate and therefore constituted final order — Consequently, Prescribed Authority became functus officio and lacked jurisdiction to pass subsequent order declaring appellant elected after recount — High Court rightly setting aside subsequent proceedings.
(U.P. Panchayat Raj Act, 1947, S.12-C — Constitution of India, Art.243-O)

Held :
In Raj Kumari v. Asha Devi, Supreme Court held that recount order therein was merely interlocutory and final order was passed subsequently. However, in present case, order dated 05.11.2022 itself finally allowed election petition. Therefore, Prescribed Authority became functus officio upon passing said order and could not thereafter continue proceedings or declare appellant elected on basis of recount. Paras 18 to 21.