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2021 Supreme(All) 459

RAJAN ROY, SAURABH LAVANIA
Neelam Yadav – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Panchayat Raj – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shobhit Mohan Shukla
For the Respondent: C.S.C., Atul Kumar Dwivedi, Rohit Tripathi

JUDGMENT :

1. By means of this writ petition the petitioner has challenged a decision/letter dated 06.05.2021 issued by the opposite party no. 2, i.e., the State Election Commission and another order dated 08.05.2021 issued by the District Election Officer/District Magistrate, Amethi.

2. The facts of the case, in brief, are that the petitioner contested the election for Member, Zila Panchayat for Ward No. 28, Amethi. The opposite party no. 6 herein also contested for the same office. The elections were held, votes were counted and as per the result, the petitioner had secured 3149 votes, whereas the opposite party no. 6 had secured only 3046 votes, therefore, a certificate of election was issued to the petitioner on 04.05.2021. On 04.05.2021 itself, before the petitioner could take oath, the opposite party no. 6 submitted a representation to the Assistant Returning Officer, copy of which is annexed as Annexure No. CA-3 to the counter affidavit of opposite party no. 6 stating that two booths bearing number 79 and 80 which were part of ward no. 28 and in which voting had taken place and the votes polled therein which had been counted were not included in Form-50 while calculating the n

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