DEVENDRA KUMAR SHARMA Vs. PRADEEP MATHUR

JUDGEMENT

(1.) HEARD Sri K.R. Singh, learned counsel for the petitioner and Sri Ravi Kiran Jain, Senior Counsel, assisted by Sri S.K. Mishra, learned counsel for the respondent.

(2.) THIS election petition under Section 80/81 of Representation of People Act, 1951 (hereinafter referred to as "Act 1951") has come up assailing the election of respondent no.1,Pradeep Mathur as Member of Legislative Assembly from 84 Mathura Assembly Constituency, District Mathura. The petitioner seeks declaration to hold it null and void and further to declare the petitioner duly elected member of the aforesaid constituency. He has also sought a direction for summoning 1048 Postal Ballot Papers cast by electors on election duty at "PB Facilitation Centre", established in the constituency, at training places, and to declare result after counting the same.

(3.) BRIEF facts, as set out in election petition, to challenge aforesaid election are; that the Governor of State of Uttar Pradesh by Notification issued under Section 15 of Act 1951 called upon all electors of the State to elect Members of State Legislative Assembly from different assembly constituencies of the State. In the present case this Court is concerned with election of 84, Mathura Assembly Constituency (hereinafter referred to as "84 MAC"). The Election Commission notified election schedule for 84 MAC as under: