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2000 Supreme(All) 1026

G.P.MATHUR, S.K.SEN
SHAMBHU SINGH – Appellant
Versus
STATE ELECTION COMMISSIONER, U. P. – Respondent


Advocates Appeared:
A.P.SAHI, ASHOK SINGH, B.D.Mandhyan, S.K.MISHRA

SHYAMAL KUMAR SEN, J.

( 1 ) IN the instant writ petition the petitioner has challenged the declaration of the result of the election held for the office of the Pradhan of village Sheopur Bujurg, tehsil Padrauna, district Kushinagar declaring respondent No. 4 as the elected candidate. The contention of the petitioner is that he was originally declared elected. The counting of votes took place on 28/06/2000 and after completion of counting of votes result was declared which is Annexure-2 to the writ petition. When called upon by the Court the petitioner has also produced certificate issued by the Returning Officer declaring the petitioner as elected candidate in respect of village Sheopur Bujurg, tehsil Padrauna, district Kushinagar. The contention of the petitioner is that subsequent to the declaration of result and issuance of the certificate on the same date, i. e. 28/06/2000, a complaint was lodged by respondent No. 4 to the District Magistrate, which is stated to be of 30/06/2000, Annexure-1 to the counter affidavit. On the basis of the said complaint the District Magistrate passed an order dt. 3/07/2000, whereby he cancelled the declaration of result made on 28/06/2000 in respec













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