KUSUM Vs. BHAWANA

JUDGEMENT

(1.) Both petitions, i.e., Writ ' C No. 26057 of 2021 and Matters under Article 227 No. 26250 of 2021 were connected by order dtd. 17/11/2021 passed by the Court and were heard together and are being decided by a common order.

(2.) Heard Sri Girish Chandra Sinha assisted by Sri Rudra Mani Shukla, Advocates for the petitioner, Sri Amrendra Nath Tripathi assisted by Sri Santosh Kumar Pandey, Advocates for respondent no. 1 and Sri Rakesh Kumar Chaudhary, Advocate for respondent nos. 5 and 7, the Election Commission and the State Government represented by their respective Standing Counsel.

(3.) The dispute in the present petitions relates to the election of the Gram Pradhan of Village - Ramgarh, Development Block - Shivgarh, Tehsil Raniganj, District Pratapgarh held on 19/4/2021. The post was reserved for woman (General). The petitioner and respondent nos. 1, 2 and 3 were candidates in the elections in which the petitioner was declared elected defeating the respondent no. 1 by a margin of about 60 votes. On 3/6/2021, the respondent no. 1 filed Election Petition, i.e., Case No. 1542 of 2021 under Sec. 12-C of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as, 'Act') before the Deputy District Magistrate / Sub-Divisional Officer (S.D.O.), Tehsil Raniganj, District Pratapgarh (hereinafter referred to as, 'Prescribed Authority'). The issues in the present case relate to correctness of the proceedings in Case No. 1542 of 2021 and certain orders passed in the case, therefore, the proceedings of the case are being narrated in detail.