SHIV KUMAR Vs. HANUMAN SHARAN

JUDGEMENT

(1.) Heard Shri Rajeiu Kumar Tripathi, learned counsel for the petitioner and Alok Kumar Mishra learned counsel appearing for the private respondent no.1.

(2.) Since the pleadings have already been exchanged, accordingly with the consent of the learned counsel for the parties, the petition is being disposed of at the admission stage itself.

(3.) The petitioner is the returned candidate having been declared successful on the post of Pradhan of village Paidi, Development Block and Tehsil Payagpur, District Bahraich, in Panchayat Elections held in the year 2021. The private respondent no.1 being an unsuccessful candidate assailed the election of the petitioner by filing an election petition before the Prescribed Authority which was registered as Case No.2880 of 2021. The petitioner contested the said election petition and after framing of issues, the party lead evidence and at the end stage of the trial before the Prescribed Authority the private respondent no.1 filed an application alongwith which the alleged photocopy of the nomination paper of the petitioner alongwith its enclosures were filed before the Prescribed Authority. The petitioner contested the said application by stating that the photocopy filed by the respondent no.1 was forged and fabricated, hence the original may be summoned from the office of the Returning Officer. In the meantime, the election petition filed by the private respondent no.1 was dismissed on merits by means of order dtd. 2/2/2023 passed by the Prescribed Authority.