JUDGMENT :

PRAKASH PADIA, J.

1. Heard Shri Siddharth Nandan, learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1, 16 & 17 and Shri Rakesh Kumar, learned counsel for the contesting-respondent no. 2.

2. The present petition under Article 227 has been filed by the petitioner, challenging the order dated 4.11.2022 passed by the Sub-Divisional Magistrate, Amroha and the order dated 21.1.2023 passed by the Additional District & Session Judge/Fast Track Court No. 1, Amroha in Civil Revision No. 85 of 2022.

3. The facts as stated in the petition are that the State Government has notified the election of Gram Panchayat in different phase, according to which, the date of nomination in respect of the petitioner's Gram Panchayat, namely, Saintli was fixed as 7.4.2021. Total 15 candidates have submitted their nomination for the post of Gram Pradhan. After finalizing the nomination, symbols were allotted to them on 11.4.2021. The election of aforesaid Gram Panchayat was held on 19.4.2021.

4. It is further stated that the polling was conducted on three booths, i.e. Booth Nos. 323, 324 & 325. In all the aforesaid three booths, total voters were 1724 and 1439 votes were polled.

5. After counting, the result was declared on 4.5.2021 by the Assistant Election Officer. The petitioner obtained 374 votes and respondent no. 2 obtained 372 votes. The Assistant Election Officer, prepared Form-46, according to which, the petitioner was declared elected. The photocopy of certified copy of Form 46 has been annexed as annexure-1 to the petition.

6. In paragraph 7 of the petition, it is further stated that on the basis of the report submitted by the Assistant Election Officer, the District Election Officer/District Magistrate, Amroha declared the final result, in which the petitioner was declared as elected Gram Pradhan. Copy of the result declared by the Election Commission has been annexed as annexure-2 to the petition.

7. It is further stated that the respondent no. 2, did not raise any written objection against the final round of counting and after declaring the result, on 8.6.2021 the respondent no. 2 filed election petition under section 12-C(6) of the UP. Panchayat Raj Act, 1947 before the Sub-Divisional Magistrate, Amroha, which was registered as Case No. 05506 of 2021, Computerized Case No. T202113380105506 (Munsab vs. Qamar Alam and Others). Copy of the plaint of election petition dated 8.6.2021 has been annexed as annexure-3 to the petition.

8. The petitioner, in response to the notice issued in the said election petition appeared and filed his written objection on 15.11.2021. Copy of the written objection filed by the petitioner has been annexed as annexure-4 to the petition.

9. It is further stated that the respondent no. 2 has filed his own affidavit being witness and affidavit of Munasib.

10. The petitioner filed an application on 25.2.2022 under Order 19 Rule 2 of Code of Civil Procedure, read with Rule 25 of Uttar Pradesh Panchayat Raj (Election of Members, Pradhans and Up- Pradhans) Rules, 1994 for granting opportunity to cross- examine the witnesses, who have filed affidavit in support of the election petition. The said application was rejected by an order dated 7.3.2022 passed by the Prescribed Authority/Sub- Divisional Officer. Being aggrieved with the aforesaid order dated 7.3.2022, the petitioner filed Civil Revision No. 14 of 2022 before the District Judge, Amroha, but the same was rejected on the ground that the order dated 7.3.2022 is an interlocutory order, as such, the revision is not maintainable.

11. It is also stated in the petition that the respondent no. 2 has preferred election petition mainly on two grounds i.e. there is no compliance of the Rules 101 & 103 of Uttar Pradesh Panchayat Raj (Election of Members, Pradhans and Up- Pradhans) Rules, 1994 and on the ground that the Assistant Election Officer prepared two Form-46 under Rule 104 & 107 of 1994 Rules, in which there is an over writing and cutti