NARESH KUMAR Vs. PRAKASH NARAIN AWASTHI

JUDGEMENT

(1.) In the election for the U.P. Legislative Assembly, one of the constituencies which was called upon to elect a member was 285 Jahanabad Fatehpur Assembly constituency, Feb. 6, 1985 was the last date for filing of nominations. Scrutiny was to take place on Feb. 7. The date of poll was March 5, 1985. Counting of votes was fixed for March 5, 1985. A number of people filed their nominations but after scrutiny and withdrawal 13 candidates remained in the field. Petitioner Naresh Kumar Uttar was one of them. The other 12 were the first respondent Prakash Narain Awasthi and 11 others who are also impleaded as respondents in the petition. Polling took place on March 5, 1985. Counting was done in the compound of District Court, Fatehpur from 8 A.M. on March 6, 1985. Naresh Kumar Uttarm a Lok Dal candidate, was declared to have obtained 31498 votes while Prakash Narain Awasthi of the Indian National Congress was said to have obtained 31619 votes. Of the total 77005 votes, 1169 votes were declared to be invalid. Prakash Narain Awasthi was declared to have been elected. The difference between the votes received by him and petitioner Uttam was shown to be of 123 votes

(2.) On April 11, 1985, the present election petition was filed in this Court challenging the election of Prakash Narain Awasthi. The grounds of challenge contained in Para 13 of the petition are two. They have been stated thus :

(3.) In respect of Ground (A), a concise statement of material facts has been given out in para 14 of the petition while in respect of Ground (B), it has been given out in para 15. Both these paragraphs run into various sub-paragraphs. The basic relief sought in the petition is that the election of Awasthi, the first respondent, be declared to be null and void and petitioner Uttam be declared to be duly elected Member of the U.P. Legislative Assembly from the Constituency in question.