SUNIL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sharad Sharma, learned counsel for the petitioner, Sri Santosh Kumar Shukla, learned counsel appearing for contesting respondents and learned Standing Counsel for the State respondents.

(2.) The petitioner is the winning candidate for election of Gram Pradhan whereas respondent no. 2 (election petitioner) remained runner up. The margin of victory was 37 votes.

(3.) The election petitioner filed an election petition under Sec. 12-C of U.P. Panchayat Raj Act, 1947 mainly on ground that Election Officer has illegally declared valid votes cast in favour of the election petitioner as invalid as well as there was discrepancy between total valid votes and number of total votes cast after taking note of declared invalid votes.