D. P. S. CHAUHAN, J.

( 1 ) IN the last elections for the office of the Pradhan of Gaon Sabha Khagiya, Block Development Block Ghorawal, District Sonbhadra (for brevity, hereinafter referred to as the Gaon Sabha), the petitioner was elected as Pradhan defeating his only rival, Kamta Prasad, whose election was challenged on 17-2-1989 by means of an election petition under Section 12c of the U. P. Panchayat Raj Act, 1947, for brevity, (hereinafter to be referred to as the P. R. Act,) numbered as Election Petition No. 35 of 1989, before the Sub-Divisional Officer, Robertsganj (for brevity, hereinafter referred to as the Tribunal), seeking relief for declaration of his election as illegal after recount of ballot papers on taking evidence and declaring him (the election petitioner as elected pradhan of the Gaon Sabha. The Tribunal after filing of the written statement, it appears, framed issues, but, without taking any evidence, relying on the affidavit of the election petitioner filed along with the application for recount, which contained statement to the effect that during counting his valid votes were wrongly rejected and many invalid votes of the respondent in the election petition w

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