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2008 Supreme(All) 1187

SUNIL AMBWANI
KASHI NATH – Appellant
Versus
ARATI DEVI – Respondent


Advocates:
Counsel :
K.S. Rathor for the Petitioner; Anuj Kumar, S.K. Pathak, Mansha Ram, S.C. for the Respondents.

JUDGMENT

Hon’ble Sunil Ambwani, J.—Heard Shri K.S. Rathore, learned Counsel for the petitioner and Shri Mansha Ram holding brief of Shri S.K. Pathak for Smt. Arati Devi-respondent No. 1.

2. The petitioner was declared elected as Pradhan of Village Panchayat Gohilawan, Vikas Khand Bhadohi, Distt. Sant Ravi Das Nagar on the reserved post for which election was held on 17.8.2005 and that result was declared on 28.8.2005. Total number of 714 votes were polled in which 22 votes were challenged. In the counting it was found that Smt. Arati Devi, the election petitioner secured 146 votes and returned candidate, Shri Kashi Nath, the petitioner had secured 164 votes. The petitioner was declared elected with difference of 22 votes. The Prescribed Authority/Sub Divisional Magistrate allowed the Election Petition on 24.9.2007 and has set aside the elections with directions that the vacancy be declared and bye-elections be held in accordance with law. The order of the Prescribed Authority dated 24.9.2007 was challenged by the petitioner in revision under Section 12-C (6) of the U.P. Panchayat Raj Act, 1947. The revision was dismissed by the Addl. District & Sessions Judge on 1.2.2008 confirming t












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