(1.) SUNIL Ambwani, J. The elections to the post of Pradhan of village Medara, Post Karchhana, district Allahabad, were notified in the year 2005 and held on 20. 8. 2005. In the counting of votes among the three contestants on 29. 5. 2005, that both Smt. Shanti Devi, the petitioner and Smt. Uma Devi-respondent No. 1, secured 237 votes each and that Smt. Rajwanti Devi-respondent No. 2 polled 235 votes. 35 votes were found to be invalid. In a lottery held in accordance with the Rules between the petitioner and respondent No. 1 securing equal number of votes, Smt. Uma Devi-respondent No. 1 was the draw and was declared elected.
(2.) THE petitioner preferred an election petition under Section 12c (b) of U. P. Panchayat Raj Act, 1947 (in short the Act ). THE written statement was filed on 7. 2. 2006. THE proceedings were delayed on which the petitioner filed a writ petition in which a direction was issued by this Court to decide the election petition within a period of one year.
(3.) IN the meantime, a transfer petition was filed by the elected candidate before the then Revenue Officer, who restrained the Sub-Divisional Magistrate to pass any final order in the election petition. Aggrieved a revision was filed under Section 192 of the Land Revenue Act before the Commissioner, Allahabad Division, Allahabad.