BUDHAI Vs. SANJU

JUDGEMENT

(1.) HEARD Sri Jitendra Kumar Srivastava, holding brief of Sri V.P. Chaturvedi, learned counsel for petitioner and Sri Tripathi B.G. Bhai, learned counsel for respondent no. 1 and learned standing counsel for State.

(2.) THE brief facts as stated in the petition are that an election petition was filed by respondent no. 1, challenging the election of writ petitioner/Budhai as Pradhan of Gram Panchayat Bajra Bhari, Nyay Panchayat Kathela Sharki, Tehsil Etawah, Siddarth Nagar. It was alleged that election for the post of Pradhan was held on 14.10.2010; counting of votes took place on 28.10.2010; on account of mal -practices adopted by writ petitioner, bundles of ballot papers of both the writ petitioner and respondent no. 1 were mixed, which was protested by the husband of respondent no. 1 but to of no avail; at the time of counting at night, A.R.O. and R.O. used to come in and out of pandal, where counting was in progress; ballot papers were not shown; finally, after counting, both election petitioner and election respondent were allegedly shown to have secured 378 votes; on a protest made by husband of respondent no. 1, a written objection is alleged to have been submitted before the A.R.O/R.O., which is alleged to have been torn by them. It was also alleged that signatures of husband of respondent no. 1 were forcibly taken on a blank paper and, thereafter, petitioner was declared elected on the basis of a toss.

(3.) THE respondent no. 1 filed a written statement denying the aforesaid allegations. It was contended that there were no irregularities in counting of votes and in view of a tie of 378 votes, after obtaining consent of petitioner, the respondent no. 1 was declared elected.