KAUSLESH VIKRAM Vs. IIIRD ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) Challenge herein is to the judgment and order dated 3.1.1998 at Annexurc-13 to the writ petition passed by the lllrd Additional District Judge, Allahabad allowing the revision filed by the respondent No. 2 Sri Chandra Bali Singh under Section 12C (6] of U. P. Panchayat Raj Act.

(2.) The relevant facts stated in the writ petition are that in the month of April, 1995, election of Gram Panchayat of Ugrasenpur alias Bibipur, Pargana Mah, Block Pratappur. Tahsil Handia. district Allahabad was held wherein seven candidates including the petitioner and the respondent No. 2 contested for the office of Pradhan. The petitioner was allotted symbol Tractor' and the respondent No. 2 was allotted symbol 'Watch'.

(3.) Election was held on 12.4.1995 and counting took place on 18/19.4.1995 and the result was declared on 19.4.1995 declaring the respondent No. 2 Shri Chandra Bali Singh as elected Pradhan of the said Gram Panchayat. As there was bungling at the time of counting regarding mixing up of ballot-papers, the petitioner filed an election petition under Section 12C of the said Act contending that the returning officer and Assistant Returning Officer who conducted the election were relatives of respondent No. 2 and committed bungling at the time of counting. The election petition was contested by the respondent No. 2 and he filed written statement. The petitioner also filed application for recounting of ballot-papers. Statements of the petitioner and his counting agents had been recorded. The statement of the respondent No. 2 had also been recorded. The election Tribunal by his order dated 2.11.1996 directed recounting of ballot-papers. Pursuant thereto, recounting was held on 30.11.1996 and as the petitioner was found to have secured highest votes, he was declared as elected Pradhan.