CHANDRA BALI Vs. ZILA NIRVACHAN ADHIKARI

JUDGEMENT

(1.) PETITIONER has challenged an order passed by respondent No. 1 ordering repoll for the election of Pradhan of Gaon Sabha Delauhan of Block Meja in Tehsil Meja, district Allahabad. The facts relevant for our purposes are that an election of Pradhan took place on 5-8-1988 and counting was done on 6-8-1988. In the said counting, the petitioner secured 212 votes while respondents 4, 5 and 6 polled 159, 158 and 91 votes respectively. Before the result of the election was declared, on a representation made by respondent no. 4 and on the basis of a report given by respondent no. 2 which is Annexure I to the petition, the respondent no. 1 directed that a fresh election should take place on 10-8-1988. A copy of this order is Annexure 2 to the counter-affidavit. Substantially this order is under challenge in this petition.

(2.) PETITIONER's contention is that repoll could not have been ordered for the reasons given in the report or in the representation made by respondent no. 4. In our opinion, the contention is well founded. Fresh poll can be ordered only under rule 21-H of the U. P. Panchayat Raj Rules, 1947. The said Rule is as under :

(3.) IN the result, the order dated 8-8-1988 directing a fresh poll for the election of Pradhan of Gaon Sabha Delauhan was clearly without jurisdiction and must be quashed. The petition accordingly succeeds and the order dated 9-8-1988 directing fresh poll is hereby quashed. Respondents 1 to 3 are directed to declare the result of the election of Pradhan of village Delauhan, Tehsil Meja, District Allahabad held on 5-8-1988 in accordance with the Rules. Costs easy.