LOKENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner is a returned candidate (Pradhan) wherein Respondent-3 (Election Petitioner) was a runner up in election and the margin of victory was 16 votes.

(2.) Election petitioner filed an election petition under Sec. 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "Act, 1947), however, it was not supported by an affidavit of election petitioner though it was filed in his presence. Petitioner submitted written submission with specific assertion that election petition was liable to be rejected being filed without any affidavit of election petitioner.

(3.) On the basis of pleadings in election petition, Election Tribunal framed 18 issues and Issue No. 15 relates to effect of non filing of affidavit in support of election petition.