RAKESH JAIN Vs. CHHAKKILAL KUSHWAHA

JUDGEMENT

(1.) Heard on admission.

(2.) The petitioner and respondents contested the election for the Office of President, Nagar Panchayat, Kari, District Tikamgarh. The counting of votes was held on 15-12-2009 and on the same date petitioner was declared elected. The result showed that petitioner secure 1780 votes and respondent No. 1, 1647 votes. Aggrieved with the result declared, respondent No. 1 has filed an election petition against the petitioner and remaining respondents. In the election petition, he has alleged that 200 votes cast in his favour were illegally declared invalid on a* flimsy ground of there being some small ink marks or spots on the ballot papers. Respondent No. 1 has inter alia prayed that he be declared elected in place of petitioner. The petitioner in his reply, while defending the election result, has denied the allegation of respondent No. 1.

(3.) On the pleadings made, the Trial Court has framed as many as eight issues out of which issue Nos. 2 and 3 read as under :-