In similar facts and circumstances, wherein election petition has been allowed and direction has been issued for recounting of ballot papers, co-ordinate Bench of this Court in the case of Kusum Kumari (supra) and Ram Kali (supra) has finally upheld that such orders are final order in the eye of law subject to remedy of revision under Section 12-C (6) of the Act, 1947. It is apposite to mention that while entertaining the revision under Section 12-C (6) of the Act, 1947 against the order dated 2.3.2024, the revisional court, vide order dated 22.3.2024, has considered the order under revision as a final order to be revisable under Section 12-C (6) of the Act, 1947 and, accordingly, passed order for admission of the revision and its registration. While confronted with the counsel for the parties querying the pendency of the revision petition, they have admitted that said revision is still seized with the revisional court against the order dated 2.3.2024.
11. It is thus contended that considering considering the judgment of this Court in the case of Kusum Mishra (supra) the revision in fact was maintainable before the revisional Court and as such, the revisional Court has patently erred in rejecting the revision of the petitioner by treating the order impugned dated 17.06.2023 to be an interlocutory order.