UMA SHANKAR CHOBEY Vs. MADAN

JUDGEMENT

(1.) Order dated 27.03.2012 passed by the Specified Officer, Additional Collector, Damoh is being assailed vide this petition. By impugned order, the Specified Officer, while allowing the election petition by respondent No. 1, has set aside the election of the petitioner as Member, Janpad Panchayat Sammana, District Damoh. Election was held on 18.01.2010 wherein 3265 votes were casted of which 199 votes were declared invalid and of remaining 3066 valid votes, 1065 votes were polled in favour of petitioner and 990 votes in favour or respondent No. 1. The petitioner was declared elected on 03.02.2010. Aggrieved, respondent No. 1 filed an election petition on 15.03.2010 on the ground that, the petitioner adopted unfair means of getting the votes casted in his favour by voters of different wards who casted votes at two places. Another ground raised by the respondent No. 1 was that the returning officer did not resort to fair counting of votes and was politically influenced.

(2.) The petitioner though countered the allegations, however, did not lead evidence.

(3.) The Specified Office on the basis of claim and the counter framed following issues: