Honble Sunil Ambwani, J.—Heard Shri B.D. Mandhyan, Senior Advocate assisted by Shri Santosh Kumar Srivastava for the petitioner, and Shri Ashok Khare, Senior Advocate assisted by Shri Hari Om Khare for respondent No. 3. The respondent Nos. 4 and 5 were the other contesting parties in the election petition. Learned Standing Counsel represents respondent Nos. 1 and 2. With the consent of the parties, the writ petition was finally heard and is being decided.

2. The elections, on the post of Pradhan of Gram Panchayat Sisana Pargana, Tehsil and District Baghpat, were held on 25.8.2005. The respondent No. 3-Paramjeet was declared elected with 1100 votes as against Shri Pratap Singh-writ petitioner with 1099 votes, with a margin of only one vote. Shri Pratap Singh filed an Election Petition No. 2:3 4/5 under Section 12-C of U.P. Panchayat Raj Act, 1947 (in short the Act), alleging corrupt practices and gross irregularities in counting of votes. It was stated in the election petition that Shri Nrapjeet Singh, real brother of Shri Paramjeet Singh, returned candidate is working in Baghpat Sugar Mill, where the counting took place, and the returning officer and the other employees