Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri S.K.S. Paliwal, learned counsel for the appellant and Sri Naveen Sinha, learned Senior Advocate assisted by Sri Kartikey Saran and Sri Sanjiv Kumar Yadav, learned counsel for the respondents.

2. Both the learned counsel for the parties jointly stated that the appeal may be finally heard and decided. Consequently, with the consent of learned counsel for the parties, this appeal has been finally heard.

3. This first appeal has been filed by the defendant-appellant under Rule 49 of The U.P. Kshetra Panchayats (Election of Pramukhs and Up-Pramukhs and Settlement of Election Disputes) Rules, 1994 (hereinafter referred to be as ‘Rules’) for setting aside the judgment and order dated 19.9.2016 in Election Petition No. 02 of 2016 passed by the Court of District Judge, Azamgarh.

Facts:

4. Briefly stated the facts of the present case are that the plaintiff-respondent No. 1 and the defendant-appellant both have filed nominations on 5.2.2016 for the post of “Pramukh” of Kshetra Panchayat ‘Palhna’, District Azamgarh in the Election, 2016. Total number of elected members of the aforesaid