SHANTI DEVI Vs. UMA DEVI

JUDGEMENT

(1.) -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 12-C (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.) THE Sub Divisional Magistrate, Karchhana, exercising delegated powers of the Election Tribunal under the Act, summoned the entire election records. By his order dated 12. 2. 2007, after taking evidence the Tribunal held on issue Nos. 1 and 2, that the draw was held in accordance with the procedure prescribed under the Rules, with the consent of both the parties. On issue No. 3, the Tribunal held on the statement of Indrawati Nishad, son of Shambhu Nath, examined as DW-1, that Smt. Uma Devi-the petitioner had polled 239 votes but the agents of Smt. Shanti Devi exercised undue pressure on the officers and got the ballots counted again in which two votes counted in favour of Smt. Uma Devi was declared as invalid. The Tribunal found that prima facie there was sufficient evidence to show improper rejection of the two votes in favour of Smt. Uma Devi and directed recount of votes.