Point of Law: Election process - Declaration of result - State Government did not take note of said suggestion nor any effort seems to have been made to bring Rules 1994 at par with the Election Rules framed under the Representation of the People Act to remove all possible anamolies.

JUDGMENT :

1. Learned counsel for the petitioner remained absent though the matter has been date fixed with his consent. This is a matter arising out of the Election of Member, Kshetra Panchayat Lalai, Ward No. 42, Vikas Khand Hathwant, Firozabad. We have heard learned counsel for the petitioner on 14.7.2021 on the legal issues and postponed the matter only to obtain instructions from the State Election Commission to ascertain the date of the declaration of the result. We, therefore, do not deem it fit to adjourn the matter today.

The written instructions have been supplied by the learned counsel for the respondent-State Election Commission on 14.7.2021. Further instructions in compliance of the order dated 14.7.2021 have also been placed before us today.

The Office is directed to upload the scanned copy of the written instructions and the compilation of cases supplied by the learned counsel for the respondents.

2. Heard Sri Imran Syed learned Advocate holding brief of Sri Tarun Agrawal learned counsel for the respondent-State Election Commission, Sri Ajit Kumar Singh learned Additional Advocate General assisted by Sri Sudhansh Srivastava learned Additional Chief Standing Counsel appearing on behalf of the State respondents today.

3. Placing the above instructions before us, it is pointed out by the learned counsel for the respondents that for the election of Member, Kshetra Panchayat concerned, the polling was held on 26.4.2021 at two polling booth nos. 180 and 181. The ballot boxes of both the polling booths were opened under the supervision of the Assistant Returning Officer. On 2.5.2021 when the counting was made, the petitioner Smt. Babita Devi wife of Sri Vimal Kumar had secured 169 votes at polling booth no. 181 whereas Indrapal son of Sri Pati Ram resident of Village Lalai, Block Hathwant got 77 votes and the third candidate Sri Kushalpal son of Sri Hariom resident of the same village got 163 votes. Similarly at polling booth no. 180, the petitioner Smt. Babita Devi secured 114 votes whereas Indrapal received 305 votes and Kushalpal 95 votes. The Assistant Returning Officer had issued the certificate of the elected/returned candidate to Smt. Babita Devi on 3.5.2021 on the basis of the votes of one polling booth No. 181 only. After the counting was completed, on 4.5.2021, respondent no. 7, Sri Indrapal gave a written application raising objection about the result and sought for further verification of the same. Upon verification of the record, it was found that the votes cast at the polling booth no. 181 were not added in the final preparation of the result. By adding the votes of two polling booth nos. 180 & 181, it was found that the respondent no. 7 had received total 382 votes which was the highest whereas the petitioner Smt. Babita Devi was placed at serial no. 2 having received 283 votes.

The mistake committed by the Assistant Returning Officer was corrected by the Returning Officer after issuing a notice to the petitioner herein. The order in this regard had been passed on 4.5.2021. The copies of the Election Return referable to Rules 50(e) and 53 of the U.P. Kshetra Panchayats and Zila Panchayats (Election of Members) Rules, 1994 (In short as "the Rules, 1994") in Form 43' and the counting sheet in Form 47' as per Chapter 9 of the Guide Book for the Panchayat Elections-2021 issued by the State Election Commission, of both the polling booth nos. 180 and 181 prepared on 3.5.2021 have been placed before us alongwith the written instructions to give the details of the votes cast, ballot papers rejected and the total votes cast in favour of each candidate.

Today, an extract of the entries uploaded on the portal of the State Election Commission has also been placed before the Court to demonstrate that the portal of the State Election Commission for declaration of the result was created on 18.4.2021 and the election res