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2020 Supreme(All) 1000

ASHWANI KUMAR MISHRA
Godawari – Appellant
Versus
Zubaida – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Deepak Kumar Jaiswal, Omkar Nath Rai
For the Respondent: C.S.C., Ashok Kumar Ojha, Satish Chandra Mishra, Sudhir Tiwari

JUDGMENT :

1. Upon an application filed by respondent no.1 under Section 12-C of the U.P. Panchayat Raj Act, 1947, the prescribed authority has directed for recount of votes on 9.3.2018 vide order impugned dated 28.2.2018. Aggrieved by this order the petitioner, who is elected Pradhan, has filed the present petition.

2. Elections were notified for the office of Pradhan of Gram Sabha Sarisawan, Nyay pachayat Koriyan Khiriyan, Block Dudahi, Tahsil Tamkuhiraj, District Kushinagar. Petitioner as also respondent nos.1, 2 and 3 contested the election for which voting took place on 9.12.2015. Votes were counted on 13.2.2018 at Adarsh Anglo Inter College, Dudahi, Block Dudahi, Tahsil Tamkuhiraj, District Kushinagar in Room No.1. Booth Nos.49Ka and 50kha were set up. 1626 voters were registered. Petitioner was allotted symbal of 'Imli' whereas respondent no.1 was assigned 'Kanni' as the election symbol. Respondent no.2 was assigned election symbol of 'Anaj Ugata Hua Kisan' while respondent no.3 has 'Car' as her election symbol. According to the election petitioner, a total number of 1139 votes were cast whereas at the time of counting only 1129 votes were found available. As per the election

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