MEENA RAJPOOT Vs. MEERA

JUDGEMENT

(1.) PRAKASH Krishna, J.-This appeal arises out of an Election Petition No. 8 of 2001 filed under Sections 14 and 23 of U.P. Kshetriaya Panchayats and Zila Panchayat Adhiniyam, 1961. The court below by the order dated 29th October, 2003 has dismissed the election petition.

(2.) THE election to the post of Pramukh of Kshetriya Panchayat, Ferozabad, District Ferozabad is the subject matter of the present appeal. In the said election 4 persons, the present appellant and the three respondents were candidates for the aforesaid post. THE result was declared on 13th March, 2001. In the said election total 103 votes were polled. Out of them 9 votes were rejected being invalid. Resultantly 94 valid votes were cast. As per report of the Election Officer the candidates got the votes as follows : Name of Candidates Votes Cast 1. Smt. Ganga Devi 4 2. Smt. Pushpa Devi 14 3.Smt. Meena Rajpoot 31 4.Smt. Meera 45 Total 94

(3.) HEARD the learned counsel for the appellant and perused the record. It was submitted that the election in question is governed by the provisions of U.P. Kshetriya Panchayats (Election of Pramukhs and Up-pramukhs) Rules, 1994. The procedure for counting of votes is provided under Rule 26. Schedule-II framed under Rule 27 provides the instructions for the determination of the result. It was submitted that since there were 4 candidates therefore the quota was a relevant factor. Ninety four valid first preference votes were cast. According to the formula provided for determination of quota, it is half of the valid votes cast plus one. Therefore in the present case it comes to 48 votes. The respondent No. 1 has been declared elected while she got only 45 votes. The total votes cast in her favour being less than the quota, she could not be declared a successful candidate in the election. Reliance has been placed upon a judgment of the Supreme Court given in the case of Jaidrath Singh v. Jivendra Kumar, 2000 (2) AWC 1143 (SC) : AIR 2000 SC 988.