Hon’ble Pankaj Mithal, J.—This First Appeal has been filed under Rule 49 of the U.P. Kshettra Panchayat and Zila Pancyayat (Election of Pramukhs and Up-Pramukhs and Settlement of Disputes) Rules, 1994 against the judgment and order dated 27.7.2011 passed by the Additional District and Sessions Judge Court No. 1, Mau dismissing the election petition No. 8 of 2010 (Devendra Kumar Yadav v. Sanjay Patel and others) with cost on the ground that it was not presented in person by the petitioner as required under Rule 35 (2) of the aforesaid Rules.

2. The election to the post of Pramukh of Kshettra Panchyat Badraon, District Mau was held on 22.10.2010. The contest in the election was between the appellant Devendra Kumar Yadav and the respondent No. 3 Sanjay Patel only. The electoral college comprised of 78 Kshettra Panchayats members. Both the candidates polled equal votes but by lottery respondent No. 3 Sanjay Patel was declared elected.

3. Appellant Devendra Kumar Yadav questioned the above election vide election petition No. 8 of 2010 which was filed on 23.12.2010. In the written statement a specific objection was raised that the election petition was not presented in accordance w