Ashraf Khan vs Kehkashan - 2024 Supreme(SC) 1062

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2024 Supreme(SC) 1062

SURYA KANT, UJJAL BHUYAN
Ashraf Khan – Appellant
Versus
Kehkashan – Respondent

Advocates Appeared:
For the Appellant : Mr. Raj Kishor Choudhary, AOR, Mr. Shakeel Ahmed, Adv., Mr. Rizwan Ahmed, Adv., Ms. Pratibha Singh, Adv., Mr. Nakul Chaudhary, Adv., Mr. Anupam Bhati, Adv., Mr. Mohd. Aslam, Adv., Mr. Vikramjeet Singh Ranga, Adv., Mr. Amir Kaleem, Adv.
For the Respondents: Mr. Farrukh Rasheed, AOR, Mr. Md. Ekhlaq Alam, Adv., Mr. Md. Sarfraz, Adv., Mr. Imtiaz Ahmad, Adv., Mr. Mahesh Kumar, Adv., Mr. Shaurya Sahay, AOR, Mr. Aditya Kumar, Adv.

Headnote: Read headnote

ORDER :

1. Leave granted.

2. The controversy revolves around the election of the Gram Pradhan of village Mohammadpur Kashi, Tehsil Chandausi, District Sambhal. The election was held on 29.04.2021, wherein respondent no.1 (Kehkashan) was declared the winner. This prompted the appellant to file an Election Petition before the Election Tribunal, under the Uttar Pradesh Panchayat Raj Act, 1947. The Election Petition was allowed by the Tribunal to the extent of directing the recounting of votes on 23.09.2024. The reason for such direction was that the appellant’s agent was allegedly arrested during the counting process and, thus, the votes were not counted in the presence of the appellant’s agent. Consequently, a complaint had been filed by the agent alleging that a review of the counting of votes had not been proceeded with by the District Collector.

3. In the recounting of votes, the appellant allegedly received 660 votes, whereas respondent no.1 secured 657 votes. The appellant was, thus, declared the winner. respondent no.1 then challenged the order of the Election Tribunal through a Writ Petition b

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