VIJAY SINGH Vs. RAJDEEP SINGH

JUDGEMENT

(1.) Heard Mr. Kartikeya Saran and Ms. Suchita Mehrotra, learned counsels for the petitioner, Ms. Archana Tyagi, learned Additional Chief Standing Counsel and Mr. C.B. Yadav, Senior Advocate assisted by Mr. Jaysingh Yadav, learned counsel for caveator.

(2.) The Writ petition is directed against the order dtd. 5/7/2023 passed by learned District Judge, Lalitpur in Election Petition No.01/23, under Sec. 35 of Uttar Pradesh Kshetra Panchayats (Election of Pramukhs and Up-Pramukhs and settlement of election disputes) Rules, 1994, (hereinafter referred to as 'Rules of 1994') whereby the ballot papers of the elections of Pramukh of Kshetra Panchayat, Constituency Talbehat, have been summoned and recounting of votes in the election held on 10/7/2021 has been ordered.

(3.) The petitioner and respondent no.1 were the candidates who contested the elections to the office of Pramukh Kshetra Panchayat Talbehat Constituency, District Lalitpur. Polling took place on 10/7/2021. Respondent no.1 Rajdeep Singh preferred an election petition on 1/9/2021 under Sec. 35 of Rules of 1994, stating therein that the election of Pramukh Kshetra Panchayat, Constituency Talbehat was notified on 5/7/2021. As per the notification, 8/7/2021 was the last date of filing nomination for the elections scheduled for 10/7/2021 and counting was to be carried on the same day. Counting took place on 10/7/2021. The petitioner was declared the winning candidate as he obtained 39 votes out of total voting of 83 votes whereas respondent no.1 secured 38 votes and 6 votes were declared invalid. Respondent no.1, the election-petitioner, has stated in his petition that the elections were held adopting corrupt practice, in a wrong and illegal manner, against the provisions as contemplated in Rules of 1994 as well as the relevant guidelines issued by the Election Commission.