Hon’ble Dr. B.S. Chauhan, J.—This writ petition has been filed for quashing the impugned order dated 25.10.2005 (Annex. 1) passed by the respondent No. 2, the State Election Commission, countermanding the election of the Member of the Zila Panchayat.

2. The facts and circumstances giving rise to this case are that a notification was issued by respondent No. 2 for holding elections of Members of the Zila Panchayat on 23.9.2005 under the provisions of U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter called the ‘Adhiniyam 1961). The petitioner contested the election for the said post and the voting took place peacefully on 23.10.2005 without any interruption or hindrance. The votes polled on 23.10.2005 were to be counted on 25.10.2005. However, the respondent No. 2, in exercise of the powers under Article 243-K of the Constitution of India and Section 260-B of the Adhiniyam 1961, countermanded the election by the impugned order on the ground that one candidate namely Shri Jitendra Yadav had adopted corrupt means while canvassing for votes and he was found holding a public meeting in a temple, i.e., prohibited area after expiry of the period for canvass