Sunil Kumar VS State Of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SAURABH SHYAM SHAMSHERY
Sunil Kumar – Appellant
Versus
State Of U. P. – Respondent

Advocates Appeared:
For the Petitioner: Sharad Sharma, Gaurabh Srivastava.
For the Respondents: C.S.C., Santosh Kumar Shukla.

JUDGMENT :

1. Heard Sri Sharad Sharma, learned counsel for the petitioner, Sri Santosh Kumar Shukla, learned counsel appearing for contesting respondents and learned Standing Counsel for the State respondents.

2. The petitioner is the winning candidate for election of Gram Pradhan whereas respondent no. 2 (election petitioner) remained runner up. The margin of victory was 37 votes.

3. The election petitioner filed an election petition under Section 12-C of U.P. Panchayat Raj Act, 1947 mainly on ground that Election Officer has illegally declared valid votes cast in favour of the election petitioner as invalid as well as there was discrepancy between total valid votes and number of total votes cast after taking note of declared invalid votes.

4. After the exchange of pleadings, learned Tribunal by impugned order dated 31.10.2022, passed interim order for recounting deciding issue nos. 6, 7 and 8 mainly on ground that number of votes shown by the Election Officer in Proforma No. 46 were different from number of votes declared at the time of counting and specific objection was taken by the election petitioner in this regard during counting. However, without considering it, the petition