BABITA DEVI Vs. STATE OF U.P

JUDGEMENT

(1.) Learned counsel for the petitioner remained absent though the matter has been date fixed with his consent. This is a matter arising out of the Election of Member, Kshetra Panchayat Lalai, Ward No. 42, Vikas Khand Hathwant, Firozabad. We have heard learned counsel for the petitioner on 14/7/2021 on the legal issues and postponed the matter only to obtain instructions from the State Election Commission to ascertain the date of the declaration of the result. We, therefore, do not deem it fit to adjourn the matter today. The written instructions have been supplied by the learned counsel for the respondent-State Election Commission on 14/7/2021. Further instructions in compliance of the order dtd. 14/7/2021 have also been placed before us today. The Office is directed to upload the scanned copy of the written instructions and the compilation of cases supplied by the learned counsel for the respondents.

(2.) Heard Sri Imran Syed learned Advocate holding brief of Sri Tarun Agrawal learned counsel for the respondent-State Election Commission, Sri Ajit Kumar Singh learned Additional Advocate General assisted by Sri Sudhansh Srivastava learned Additional Chief Standing Counsel appearing on behalf of the State respondents today.

(3.) Placing the above instructions before us, it is pointed out by the learned counsel for the respondents that for the election of Member, Kshetra Panchayat concerned, the polling was held on 26/4/2021 at two polling booth nos. 180 and 181. The ballot boxes of both the polling booths were opened under the supervision of the Assistant Returning Officer. On 2/5/2021 when the counting was made, the petitioner Smt. Babita Devi wife of Sri Vimal Kumar had secured 169 votes at polling booth no. 181 whereas Indrapal son of Sri Pati Ram resident of Village Lalai, Block Hathwant got 77 votes and the third candidate Sri Kushalpal son of Sri Hariom resident of the same village got 163 votes. Similarly at polling booth no. 180, the petitioner Smt. Babita Devi secured 114 votes whereas Indrapal received 305 votes and Kushalpal 95 votes. The Assistant Returning Officer had issued the certificate of the elected/returned candidate to Smt. Babita Devi on 3/5/2021 on the basis of the votes of one polling booth No. 181 only. After the counting was completed, on 4/5/2021, respondent no. 7, Sri Indrapal gave a written application raising objection about the result and sought for further verification of the same. Upon verification of the record, it was found that the votes cast at the polling booth no. 181 were not added in the final preparation of the result. By adding the votes of two polling booth nos. 180 and 181, it was found that the respondent no. 7 had received total 382 votes which was the highest whereas the petitioner Smt. Babita Devi was placed at serial no. 2 having received 283 votes.