NAND KISHORE Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned order dated 27.7.2002 Annexure1 to the petition passed by the Vth Additional District Judge, Meerut by which he has allowed the election petition of Shoraj. (respondent No. 5 in this petition) and has cancelled the election of respondent No. 6 Vishnu for the post of Adhyaksh, Nagar Panchayat, Qasba Kharkauda, Tehsil and District Meerut and has further directed that Shoraj should be installed as the Adhyaksh of the Nagar Panchayat.

(2.) IT is alleged in Paragraph 2 of the writ petition that in the election held in November, 2000 the respondent No. 6 Vishnu was elected as Adhyaksh of the Nagar Panchayat by defeating the respondent No. 5 Shoraj, the petitioner and six other candidates. In this election Vishnu the respondent No. 6 got 2051 votes, the respondent No. 5 Shoraj got 1544 votes and the other candidates got lesser votes. The respondent No. 5 filed an election petition challenging the election of Vishnu and this election petition was allowed holding that Vishnu was less than 30 years of age and hence was disqualified. However, the respondent also directed that the respondent No. Shoraj should be installed as the Adhyaksh as he has secured the second highest number of votes.

(3.) THE number of votes cast for each of the candidates is given in Paragraph 4 of the counteraffidavit.