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2004 Supreme(All) 1282

R.K.AGRAWAL
Bhagauti – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Petitioner: Gulab Chandra.
Counsel for the Respondents: R. K. Srivastava, S.C.

JUDGMENT

R. K. Agrawal, J.—By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Bhagauti, seeks a writ, order or direction in the nature of certiorari quashing the order dated 25th August, 2003, passed by the Sub-Divisional Magistrate, Fatehpur, respondent No. 4, filed as Annexure-3 to the writ petition and other consequential reliefs. Vide order dated 25th August, 2003, the respondent No. 4 had directed for recounting of the ballot papers in the election held for the post of the Pradhan, Gram Panchayat Ganeshpur, Vikas Khand, Bhitaura, tehsil and district Fatehpur.

2. Briefly stated, the facts giving rise to the present writ petition are as follows :

Election for the post of the Pradhan, Gram Panchayat Ganeshpur, Vikas Khand Bhitaura, tehsil and district Fatehpur, was notified. The petitioner, Kali Charan, respondent Nos. 5 and 16 other persons filed their nomination forms. Election was held on 20th June, 2000. Counting was held on 26th June, 2000. In the first round of counting, both the petitioner and the respondent No. 5, polled 145 votes each. On a request being made by the petitioner, recounting was done on the next day a



























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