KASHI NATH Vs. ARATI DEVI AND OTHERS

JUDGEMENT

(1.) HEARD Shri K.S. Rathore, learned Counsel for the petitioner and Shri Mansha Ram holding brief of Shri S.K. Pathak for Smt. Arati Devi-respondent No. 1.

(2.) THE petitioner was declared elected as Pradhan of Village Panchayat Gohilawan, Vikas Khand Bhadohi, Distt. Sant Ravi Oas Nagar on the reserved post for which election was held on 17.8.2005 and that result was declared on 28.8.2005. Total number of 714 votes were polled in which 22 votes were chal­lenged. In the counting it was found that Smt. Arati Devi, the election petitioner secured 146 votesand returned candidate, Shri Kashi Nath, the petitioner had secured 164 votes. The petitioner was declared elected with difference of 22 votes.The Prescribed Authority/Sub Divisional Magistrale allowed the Election Petition on 24.9.2007 and has set aside the elections with directions that the vacancy be declared and bye-elections be held in accordance with law. The order of the Pre­scribed Authority dated 24.9.2007 was challenged by the petitioner in revision under Section 12-C (6) of the U.P. Panchayat Raj Act, 1947. The revision was dismissed by the Addl. District and Sessions Judge on 1.2.2008 confirming the finding of the Election Tribunal.

(3.) A large number of decided cases were cited by the Counsel for the peti­tioner alleging in defence, that once the election lists are finalised, the issue whether the electors were resident of Village Razaipur or Village Gohilawan has no consequence. In effect the election petitioner has challenged the illegal votes cast by the resident of Village Razaipur. Once they were included in the electoral list of Village Gohilawan, they could not be estopped from casting their votes. The revisional Court further found that the election petition was not properly verified in accordance with the provisions of CPC and that issues were not framed before . deciding the election petition.