DEVIRAM Vs. ELECTION TRIBUNAL GANGAPUR

JUDGEMENT

(1.) PETITIONER , Devi Ram, a defeated candidate in the Election of Sarpanch to the Gram Panchayat, Ahmedpur; has filed this writ petition, after an unsuccesssful attempt to unseat elected candidate Shri Khuda Bux, respondent No. 2, who won by a margin of 145 votes. Mr. Purohit, learned Advocate for the petitioner, has submitted that the Election Tribunal has committed serious illegality in deciding Issue No. 3 against the petitioner. Issue No. 3 reads as under:

(2.) THE Tribunal has discussed the evidence on this point and disbelieved the evidence of the petitioner.

(3.) IN view of the above, even if the petitioner is actually able to prove that the counting started as 11 p.m. instead of 8 p.m., originally fixed, and that he was not allowed to remain present in the premises where the counting took place, and when the counting was being conducted, then he is further required to plead and prove that the result of the election has been materially affected.