JUDGMENT :

Hon'ble Rajan Roy, J.

1. This is a writ petition under Article 226 of the Constitution of India challenging an order dated 29.3.2017 passed in Revision No.38 of 2016, Devendra Singh v. Ashok Kumar & ors., by the Revisional Authority under section 12C(6) of the U.P. Panchayat Raj Act 1947 (hereinafter referred as 'Act 1947').

2. The facts of the case in brief are that elections were held to the office of Gram Pradhan, Village Ismailmau, Pargana & Tehsil Dalmau, District Raebareli, on 10.12.2015 at Booth No.20 and 21. It is the admitted case of the contesting parties represented through Sri V.K. Pandey, learned counsel for the petitioner and Sri Shireesh Kumar, Advocate for the opposite party no.6 as also the learned Standing Counsel for the official opposite parties that the total number of voters was 1336. After polling, the votes were counted and the petitioner Ashok Kumar was declared elected having secured four votes more than the opposite party no.6. An election petition was filed by the opposite party no.6 under section 12C(1) of the Act 1947 before the Prescribed Authority who was the Sub Divisional Magistrate but the same was dismissed vide order dated 2.12.2016, aga