JITENDRA YADAV Vs. BANWARI SINGH YADAV

JUDGEMENT

(1.) Heard Sri N.K. Pandey and Sri K.R. Singh learned counsels for the election petitioner.

(2.) This election petition has been presented under Ss. 80, 80-A/81 of the Representation of People Act, 1951 (In short as "the R.P. Act") by Sri Jitendra Yadav (herein referred to as "the election petitioner") who had lost in the biennial election of the Uttar Pradesh Legislative Council from Budaun Local Authority Legislative Council Constituency. The election was notified vide notification dtd. 29/1/2016 issued under Sec. 16 of the R.P. Act.

(3.) As per the election programme, polling was conducted on 3/3/2016. The election petitioner was a candidate of the Bhartiya Janta Party (B.J.P.) and the returned candidate was set up by the Samajwadi Party (S.P.). The election petitioner was the sitting member of the Legislative Council, Budaun Local Authority Council Constituency at the time of the election in question. The result of the election was declared on 6/3/2016 wherein the election petitioner had received 416 votes whereas 1723 votes were obtained by the returned candidate. Out of total 2168 votes, 29 votes were declared invalid resulting into 2139 valid votes.