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2024 Supreme(All) 28

ROHIT RANJAN AGARWAL
Anita Devi Chaurasiya – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Jitendra Kumar Srivastava, Ashish Kumar Singh.
For the Respondents: Ashutosh Pandey, Rahul Sahai.

JUDGMENT :

ROHIT RANJAN AGARWAL, J.

1. The petitioner (Election Petitioner) before this Court had contested the election for the post of Gram Pradhan of Gram Panchayat Bhangura, Vikas Khand Kudaraha in the year 2021. The result was declared on 02.05.2021 and respondent No. 4, the Returned Candidate, won the election and secured 349 votes while Election Petitioner got 335 votes.

2. The election petition was filed by the petitioner before Sub- Divisional Officer, Tehsil Sadar, District Basti under Section 12-C of Uttat Pradesh Panchayat Raj Act, 1947 (hereinafter called as “Act of 1947”) on the ground that husband of Returned Candidate Jaggiram was Booth Level Officer (hereinafter called as “BLO”) appointed in the same Village Panchayat and had influenced the election by inducting 49 new voters of another village and succeeded in getting the result in favour of Returned Candidate.

3. An allegation was made in the election petition that 49 voters, who were included in the voter list of Village Panchayat in which elections were held, the names of these 49 voters also found place in 6 Village Panchayats and the votes counted in favour of the Returned Candidate led to her victory on the grou

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