LAWS(ALL)-1995-9-123

JAGDISH PRASAD Vs. PRESCRIBED AUTHORITY

Decided On September 12, 1995
JAGDISH PRASAD Appellant
V/S
PRESCRIBED AUTHORITY Respondents

JUDGEMENT

(1.) S. R. Singh, J. Heard Sri Ashfaq Ahmad Ansari, appearing for the petitioner and Sri K. K. Dwivedi for the third respondent.

(2.) THE petition owes its advent in this Court to the order dated 11-7-1995 passed by the Sub-Divisional Officer Handia, Al lahabad thereby directing recount of the ballot papers pertaining to election in respect of the office of member Gram Panchayat Patwan Mutfarka Block Pratap-pur Tahsil Handia District Allahabad. It is beyond the pale of controversy that the petitioner secured 21 votes as against 20 votes secured by the third respondent and accordingly the petitioner was declared successful by a slender margin of one vote. THE third respondent-Ganesh Kumar took recourse to filing an election petition challenging the validity of the declaration made in favour of the petitioner. Para graph 6 of the election petition being ger-mans to the question of recounting maybe abstracted below. @hindi IRt o 1 Hd'luh! 3% i