1. In view of the office report dated 6.4.2018, service of notice on respondent nos. 7, 9, 10 and 11 is deemed sufficient. However, no one has put in appearance on behalf of the aforesaid respondents.

2. Heard Sri Narendra Kumar Pandey, counsel for the petitioner and Sri H.N. Singh, Senior Counsel assisted by Sri Mohd. Shahanshah Khan, counsel for respondent nos. 6 and 8. The counsel for the parties have also filed their written arguments which are part of the records of the case.

The present petition under Article 227 of the Constitution of India has been filed challenging a remand order passed by the Additional District Judge, Court No. 4, Mirzapur (hereinafter referred to as, ‘Revisional Court’) in Civil Revision No. 48 of 2017 whereby the revisional court has remanded back Election Petition No. 1 of 2015-16, filed by respondent no. 6, to the Prescribed Authority for passing fresh orders in accordance with law. The grounds on which the remand order has been challenged are that the election petition was liable to be dismissed at the very threshold because of improper presentation and also on the ground that the Election Petition was liable to be rejected under Order 7 Rule 11 of The Code of Civil Procedure, 1908 (hereinafter referred to as, ‘CPC’) and thus the revisional court ought to have dismissed Revision no. 48 of 2017 as well as Election Petition No. 1 of 2015-16.

3. The facts of the case are that elections for the post of Gram Pradhan in Gram Panchayat, Atrail Raja, Vikas Khand Lalganj, District Mirzapur (hereinafter referred to as, ‘Gram Panchayat’) were held on 1.12.2015. The petitioner as well as respondent nos. 6 to 11 contested the said elections. Counting of votes was held on 13.12.2015 and after counting of votes, the petitioner was declared to have polled 700 votes while respondent no. 6 was declared to have polled 665 votes. The other candidates had polled less than respondent no. 6 and the number of votes polled by them are not relevant for the present petition. Consequently, the petitioner was declared elected as Gram Pradhan of the Gram Panchayat. On 21.12.2015, the respondent no. 6 filed Election Petition No. 1 of 2015-16 before the Deputy District Magistrate/Prescribed Authority, Lalganj, District Mirzapur (hereinafter referred to as, ‘Prescribed Authority’) under Section 12-C of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as, ‘Act, 1947’) challenging the election of the petitioner as Gram Pradhan. In the aforesaid Election Petition No. 1 of 2015-16, the present petitioner was impleaded as defendant no. 1 and respondent nos. 7 to 11 in the present case were impleaded as defendant nos. 2 to 6. The petitioner before this Court shall hereinafter be referred as petitioner and the election petitioner shall hereinafter be referred to as respondent no. 6.

4. In the election petition instituting Election Petition No. 1 of 2015-16, it was stated that votes for the post of Gram Pradhan of the Gram Panchayat were cast at Booth nos. 81, 82, 83 & 84 and after stating the other preliminary facts relating to the elections, it was alleged in paragraph no. 7 of the election petition that Sri Shiv Shanker Singh i.e. the brother-in-law of the petitioner, who was a Kotedar in the village, was responsible for making arrangements at Polling Booth nos. 81, 82, 83 & 84. It has been alleged in the election petition that the aforesaid Shiv Shanker Singh, taking advantage of his position, entertained the members of the polling party at his residence on the previous evening and won over the members of the polling party. It has been further alleged in the election petition that Sri Shiv Shanker Singh used his position to cast bogus votes at Booth nos. 81, 82, 83 and 84. It has been stated in the election petition that respondent no. 6 complained to the Returning Officer regarding the aforesaid conduct of Sri Shiv Shanker Singh but the Returning Officer took no action on the complaints of the petitioner.