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2005 Supreme(All) 2527

SUNIL AMBWANI
SUSHIL SINGH – Appellant
Versus
PARBHU NARAIN YADAV – Respondent


Advocates Appeared:
A.K.SHUKLA, Himanshu Singh, M.ISLAM, N.K.PANDEY, R.K.JAIN, S.S.Yadav, Sidhartha Singh, Sudha Pandey, T.P.SINGH

( 1 ) THIS election petition filed by sri Sushil Singh In person before Registrar general of the Court of 6. 2. 2002 challenges the election of Shri Prabhu Narayan Yadav, for member of the Legislative Assembly, U. P. of constituency No. 221 Dhanapur, District chandauli. The petitioner has prayed for declaring the election of Shri Prabhu Narayan yadav-Respondent no. 1 as illegal; to conduct re-polling at Booth Nos. 291 and 292; to direct the respondents to recount the votes and to declare the petitioner as duly elected.

( 2 ) THE averments in the election petition filed under Section 80 of the representation of Peoples Act 1951 are that by a notification dated 26. 12. 2001 the elections of the Uttar Pradesh Legislative Assembly were declared. The programme of election included the beginning of nominations on 16. 1. 2002: close of nominations on 23. 1. 2002; scrutiny of nominations on 24. 1. 2002 and withdrawal of the nominations paper on 28. 1. 2002. The polling was fixed on 21. 2. 2001, and 24. 2. 2002 was fixed for counting and declaration of result. Paragraphs 4, 5, 6, 7, and 8 and ground Nos. (b)and (e) of the election relevant fo r the purposes of this petition are quoted as be




























































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