SUNITA PATEL Vs. STATE OF U P

JUDGEMENT

(1.) Both these writ petitions involve common question of law. The facts are not disputed. Therefore, both the petitions are being decided by this common judgment.

(2.) WRIT Petition No. 69710 of 2005 relates to the election of the Member of Zila Panchayat from Ward No. 25, Salempur Bhaluani Anshik, District Deoria. Polling was held on 20 -10 -2005. In the counting which took place on 27 -10 -2005, the petitioner was found to have secured the highest number of 2712 votes and was declared successful by the Returning Officer on the same day. A certificate was also issued to that effect on 27 -10 -2005, which has been filed as Annexure -1 to the writ petition. It appears that thereafter there was some complaint, upon which recounting, re -tallying of votes was done and based upon that the Returning Officer subsequently issued another certificate on the same day in favour of respondent No. 5, which has been filed as Annexure -5 to the writ petition. Prayer has been made for quashing the certificate issued in favour of respondent No. 5.

(3.) WE have heard learned Counsel for the petitioners, Sri P.N. Rai, learned Counsel for the State Election Commission, learned standing Counsel for the State respondents and the Counsel for private respondents in both the writ petitions and have perused the counter -affidavit filed by the State Election Commission in both the writ petitions and the short counter -affidavit filed by the respondent No. 5 in Writ Petition No. 69710 of 2005.