SURYA PRAKASH KESARWANI
USHA DEVI – Appellant
Versus
CHANDRAKANTA – Respondent
Hon'ble Surya Prakash Kesarwani,J.
1. Heard Sri Deepak Kumar Jaiswal, learned counsel for the petitioner and Sri K.R. Singh, learned counsel for the Election petitioner/respondent no.1.
2. The petitioner is the winning candidate in the Election of Village Pradhan of Village - Partapur, Block Patiyali, Tehsil - Patiyali, District - Kasganj, held on 5.12.2015. The counting was done on 13.12.2015 and the result was declared on the same day.
3. There were total 7 candidates who were contesting for the post of Village Pradhan of the aforesaid Village. Number of total votes casted were 1242 out of which 55 votes were declared invalid at the time of counting. Thus there remained 1187 valid votes. The petitioner herein secured 472 votes while the election-petitioner secured 456 votes. One Smt. Somvati secured 238 votes. Other candidates secured insignificant number of votes. Twenty three votes of the election-petitioner were cancelled at the time of counting on the ground that they are invalid inasmuch as it bears thumb impression.
4. The election-petitioner filed the election-petition under Section 12 C(1) of the U.P. Panchayat Raj Act, 1947 on the grounds mainly that some illi
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