SRI UMRAI LAL Vs. ARJUN SINGH AND ANOTHER

JUDGEMENT

(1.) This an application under Art. 226 of the Constitution challenging the Sub-Divisional Officer setting aside the election and declaring Opposite Party No. 1 as the duly elected candidate.

(2.) The petitioner was a candidate for post of Pradhan of Gaon Sabha Bhithi Newada, tahsil Shahabad, District Hardoi and opposite-party No. 1 was also a rival candidate. The election was held on 19th of December, 1955 and there were two polling stations. One was at Bhithi and the other was at Newada. It was alleged that in respect of the polling station of Newada there was a note of the Assistant Returning Officer to the effect that the polling was misleading (Bhramatmak)...[VERNACULAR TEXT OMITTED]... Instead of ordering re-election the Petitioner had been declared elected on 4th Jan., 1956. Later on 16th Jan., 1956 Opposite Party No. 1 filed an election petition under Sec. 12-C of the U.P. Panchyat Raj Act questioning the election inter alia on the ground that the votes had been tampered with. The learned Sub-Divisional Officer came to the conclusion that there had been a tampering but instead of ordering a re-election he declared Opposite party No. 1 as elected.

(3.) Rule 19-F of the election rules framed under the U.P. Panchayat Raj Act provides:-