ANITA DEVI CHAURASIYA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner (Election Petitioner) before this Court had contested the election for the post of Gram Pradhan of Gram Panchayat Bhangura, Vikas Khand Kudaraha in the year 2021. The result was declared on 2/5/2021 and respondent No.4, the Returned Candidate, won the election and secured 349 votes while Election Petitioner got 335 votes.

(2.) The election petition was filed by the petitioner before Sub-Divisional Officer, Tehsil Sadar, District Basti under Sec. 12-C of Uttat Pradesh Panchayat Raj Act, 1947 (hereinafter called as "Act of 1947") on the ground that husband of Returned Candidate Jaggiram was Booth Level Officer (hereinafter called as "BLO") appointed in the same Village Panchayat and had influenced the election by inducting 49 new voters of another village and succeeded in getting the result in favour of Returned Candidate.

(3.) An allegation was made in the election petition that 49 voters, who were included in the voter list of Village Panchayat in which elections were held, the names of these 49 voters also found place in 6 Village Panchayats and the votes counted in favour of the Returned Candidate led to her victory on the ground of double voting. In paras 8 to 14 of the election petition, descriptions of voters whose names appear in the electoral roll of Gram Panchayat Bhangura as well as other Gram Panchayats namely Vihara, Bhedwa, Sonbarsa, Turkauliya, Devadeeha, and Paun have been given. Further ground has been taken that Sec. 62(3) of Representation of People Act, 1951 (hereinafter called as "Act of 1951) provides that each person shall be entitled to vote only once and no person shall vote in more than one constituency of the same class, and if he does so, his votes shall be void in all such constituencies. Sec. 9(6) of Act of 1947 secures the spirit of 'one elector one vote'. Para 15 of the election petition takes note of 11 affidavits filed by residents of the six Gram Panchayats confirming that the voters, mentioned in paras 9 to 14 of election petition, had not only voted in Gram Panchayat Bhangura but also in their respective Gram Panchayats.