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2010 Supreme(All) 4029

AMITAVA LALA, SANJAY MISRA
TARA DEVI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Radha Kant Ojha, Ashish Kumar Ojha for the Petitioner; P.S. Baghel, Vinay Singh, Satyendra Kumar Singh and Ramanand Pandey, S.C. for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—This writ petition has been filed by the petitioner praying inter alia quashing of the impugned certificate dated 01st November, 2010 issued by the Returning Officer, respondent No. 4 herein to the respondent No. 5 along with other incidental prayers.

2. Mr. Radha Kant Ojha, learned Counsel appearing for the petitioner, has relied upon a chart, annexed as Annexure-1 to the writ petition, which says that the petitioner obtained 2759 votes when the respondent No. 5 obtained 2093 votes. The petitioner was declared elected by the Returning Officer under Rule 54 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats (Election of Members) Rules, 1994 (hereinafter in short called as the ‘’Rules, 1994'). But such declaration of result was cancelled by the authority and the respondent No. 5 was declared elected. Mr. P.S. Baghel, learned Senior Counsel appearing for the respondent No. 5, has brought to our notice that the entire chart relating to obtaining of votes by each candidate in the election has not been annexed by the petitioner which is suppression of the material facts. By saying so, he placed a copy of the entire chart. From a perusal of such






























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