PHULA Vs. SUB DIVISIONAL MAGISTRATE AND 10 OTHERS

JUDGEMENT

(1.) Heard Sri H.N. Singh assisted by Sri Alok Kumar Yadav, learned counsel for the petitioner and Sri Chandan Sharma along with Sri Badal Chatterjee, learned counsel for respondent No.2 and Sri L.K. Tripathi, learned Additional Chief Standing Counsel for the State-respondents.

(2.) This petition has been filed praying for the following relief:

(3.) Briefly stated facts of the present case are that in the election of Village Pradhan of Village Panchayat Pindara, Block Pindara, District Varanasi held on 01.12.2015, the petitioner was declared elected on 112.2015. She defeated the election petitioner/ respondent No.2 by two votes. The petitioner herein secured 2548 votes while election petitioner/ respondent no.2 secured 2546 votes. The election petitioner/ respondent No.2 filed an Election Petition No.6 of 2016 on 07.01.2016 under Section 12-C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act') before the Election Tribunal, Pindara which was subsequently transferred to Sub-Divisional Magistrate, Raja Talab, Varanasi and it was renumbered as Election Petition no.33 of 2018.