SAJIDA Vs. SUB-DIVISIONAL MAGISTRATE KAIRANA DISTRICT SHAMLI

JUDGEMENT

(1.) Petitioner before this Court is a returned candidate (Village Pradhan of Village Panchayat Pawatikalan, Kairana, District Shamli) whereas contesting Respondent-2/ Election Petitioner (Smt. Anita) is runner up candidate and the margin of victory was only three votes.

(2.) The election petitioner (Respondent-2) filed an election petition under Sec. 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "Act, 1947") wherein after exchange of pleadings following five issues were framed: <IMG>JUDGEMENT_19_LAWS(ALL)1_2023_1.JPG</IMG>

(3.) Sub-Divisional Magistrate, Kairana after considering material on record by impugned order dtd. 23/12/2022 accepted election petition and disposed of same with direction of recounting. Petitioner has approached this Court directly without availing alternative remedy provided under Sec. 12-C(6) of Act, 1947.