MOHAMMAD IKHLAS Vs. SUB DIVISIONAL MAGITRATE

JUDGEMENT

(1.) The petitioner received 1097 votes and respondent No.2 received 1082 votes and, accordingly, the petitioner was declared elected as the Gram Pradhan. The respondent No.2, being aggrieved by the result, filed an election petition under Section 12-C of the U.P.Panchayat Raj Act.

(2.) In paragraph 11 of the election petition, the petitioner contended that the total number of votes received by all the candidates as depicted in Form No.7 was 1512 votes, but, was wrongly recorded as 1312 votes and, therefore, there is a difference of 200 votes which will have a bearing with the ultimate result. In paragraph 12 of the election petition it was further contended that Form No.11 depicted the total number of votes polled as 351 whereas for that booth only 350 votes were found and that there is a difference of one vote. On this basis, the election petition was filed and a prayer was made for recounting of the votes.

(3.) The petitioner contested the matter and denied the allegation contending that there is no error in the reception of votes depicted against each of the candidates in form No.7, and that there is only a clerical error in the adding of the votes, which will make no difference and does not cast any shadow of doubt. Instead of leading evidence on the material allegation, the election petitioner, i.e., respondent No.2 filed certified copies of Form Nos.7 and 11 and moved an application contending that the issues framed pursuant to the averments made in paragraph Nos.11 and 12 be decided.