Hon’ble Sunil Ambwani, J.—Heard Shri P.C. Pathak, learned Counsel for the petitioner. Shri Shashi Nandan, Senior Advocate assisted by Shri M.C. Mishra appears for the respondent No. 4. Learned Standing Counsel appears for State respondents. With the consent of parties, this writ petition was heard and is finally decided at the admission stage.

2. The petitioner-Om Prakash Upadhyay was elected as Gram Pradhan of Gram Panchayat Patahana, Block Sujanganj, District Jaunpur in the elections held on 23-8-2005. The results were declared on 28-8-2005. Both the petitioner as well as Shri Shobh Nath Pandey-respondent No. 4 secured 219 votes each. The result was thereafter declared, with the consent of both the parties, by draw of lots in which the petitioner was luckier than the respondent No. 4 and was declared elected.

3. Shri Shobh Nath Pandey filed an election petition under Section 12-C of the U.P. Panchayat Raj Act, 1947 (in short the Act) and also filed a Writ Petition No. 1751 of 2006, which was dismissed on the ground that the election petition has been filed, with a direction that the election petition be decided within one year. A written statement was filed on 7-4-2006. Fou