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2012 Supreme(All) 414

ARUN TANDON
RAMANAND GAUR – Appellant
Versus
RAM SANEHI – Respondent


Advocates:
Counsel :
Siddhartha Varma and Santosh Kumar Misra for the Petitioner; Arvind Kumar Singh-II, P.R. Maurya, Uma Kant, Rishu Mishra and C.S.C. for the Respondents.

JUDGMENT

Hon'ble Arun Tandon, J.—Petitioner before this Court was elected as Pradhan of the village Chutka Gaon as per the results of the elections declared on 28.10.2010. Respondent No. 1 Ram Sanehi, who was the defeated candidate, filed an election petition under Section 12-C of the U.P. Panchayat Raj Act, which was registered as Election Petition No. 1 of 2010.

The reliefs prayed for in the election petition are as follows:

1- ;g fd mijksDr ifjfLFkfr;ksa esa izfri{kh la[;k&1 dk pquko voS/k ?kksf"kr djrs gq, jn~n ?kksf"kr djrs gq, muds LFkku ij ;kph dks pquko esa fot;h ?kksf"kr fd;k tkosA

2- ;g fd vykok ;k ctk; nknjlh etdwj okyk ds oknh ftl fdlh Hkh nhxj nknjlh dk eq'rgd o utj vnkyr djkj ik;k tk; rks mldh Hkh fMdzh cgd oknh f[kykQ izfroknhx.k lkfnj Qjek;h tk;A

3- ;g fd okn O;; rFkk 'kqYd vf/koDrk oknh dks izfroknhx.k ls fnyok fn;k tk;A


2. The petitioner on service of the notice filed application dated 17th June, 2011 stating therein that the election petition suffers from the vice of non-joinder of necessary party, inasmuch as three other persons, who were candidates in the said election, have not been made a party as required by Rule 3 of the U.P. Panchayat Raj (Settlement of El

























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