SEEMA SACHAN Vs. AJEET SINGH PAL

JUDGEMENT

(1.) Heard Sri Vijay Bahadur Singh, learned Sr. Advocate assisted by Sri Jitendra Kumar, learned counsel for the petitione..d Sri Bharat Singh Pal, learned counsel for the Respondent No. 1.

(2.) This Election Petition has been filed by Ms. Seema Sachan seeking election of Ajeet Pal Singh, respondent no. 1/returned candidate as member of legislative assembly from 207, Sinkandra Legislative Assembly Constituency, Kanpur Dehat, U.P. to be declared as void and also get herself declared successful in his place. Uttar Pradesh Vidhan Sabha, By-Election, 2017 of 207, Sinkandra Legislative Constituency, Kanpur Dehat was notified on 27.11.2017 and the schedule of election was as follows: (1) Date of notification of election 27.11.2017; (2) last date for filing of nomination paper 4.12.2017: (3) date of scrutiny of nomination paper 5.12.2017: (4) date of withdrawal of candidature 7.12.2017: (5) date of poll 21.12.2017: (6) date of counting 24.12.2017: (7) date before which election shall be completed 26.12.2017; and (8) hours of poll 08:00 a.m. to 05:00 p.m.

(3.) The Election Commission of India, in exercise of its power conferred under Section 61-A of the Representation of People's Act 1951 ( in short to be referred hereafter as "The Act" ) read with Rule 49-A of the Conduct of Election Rules, 1961 ( in short to be referred hereafter as "Rules of 1961") issued a direction on 14.12.2017 that the current by- Election of State Legislative Assembly including 207, Sikandara Legislative Assembly, Kanpur Dehat, U.P., notified on 27.11.2017, shall be held as per the schedule mentioned above in para 1 and votes would be recorded by means of Electronic Voting Machine (E.V.M.) and Voters Verifiable Paper Audit Trail (V.V.P.A.T.) printers under Rules of 1961 and Supplementary instructions issued from time to time by the Election Commission of India. The said direction dated 14.12.2017 was published in Official Gazette of the States including the State of Uttar Pradesh.