OM PRAKASH UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Shri P. C. Pathak, learned counsel for the petitioner. Shri Shashi Nandan, senior advocate assisted by Shri M. C. Mishra appears for the respondent No. 4. Learned standing counsel appears for State respondents. With the consent of parties, this writ petition was heard and is finally decided at the admission stage.

(2.) THE petitioner-Om Prakash Upadhyay was elected as Gram Pradhan of Gram Panchayat Patahana, Block Sujanganj, District Jaunpur in the elections held on 23.8.2005. THE results were declared on 28.8.2005. Both the petitioner as well as Shri Shobh Nath Pandey-respondent No. 4 secured 219 votes each. THE result was thereafter declared, with the consent of both the parties, by draw of lots in which the petitioner was luckier than the respondent No. 4 and was declared elected.

(3.) THE Prescribed Authority considered the matter afresh and directed recount of votes by order dated 10.10.2006 on the grounds that out of 595 ballot papers, 423 ballot papers were used at the polling station No. 85 Primary School Allaiya Part I and 275 ballot papers were used at the polling station No. 86 Primary School Allaiya Part II. In this manner a total of 423 + 275, i.e., 698 ballots were put in the ballot box whereas according to Schedule 4A of the year 2005 of Gram Panchayat Patahana, a total number of 736 valid votes were cast as against the used 747 votes. THE Prescribed Authority found that at two polling stations, total 698 ballots were cast whereas 747 ballots were counted in which 736 ballots papers were found to be valid. THE difference of 49 votes could affect the result of election. It was found that the counting was not done properly and that it will be in the interest of justice that the recount be directed. THE recount took place on 11.10.2006. THE entire process of recount was photographed with video camera.