The court affirmed that only marks made with the supplied instruments are valid for voting, reaffirming the mandatory nature of election rules to ensure fairness and secrecy in elections.

JUDGMENT :

Vikram D. Chauhan, J.

1. Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Imtiaz Husain, learned counsel for petitioner and Sri Navin Sinha, learned Senior Advocate assisted by Sri R.P.S. Chauhan, learned counsel for respondent no. 4 and learned Standing Counsel for respondent-State.

2. The present writ petition is preferred challenging order dated 9.9.2024 passed by respondent no. 2 - Prescribed Authority/Sub Divisional Magistrate, Chandausi, District Sambhal in Election Petition No. 04085 of 2021 (Computerized Case No. T202113740404085) ( Ashraf Khan Vs. Smt. Kehkashan and others ) filed under Section 12-C of U.P. Panchayat Raj Act, 1947 as well as for quashing the entire proceedings initiated in pursuance to Election Petition No.04085 of 2021.

3. The brief facts giving rise to present writ petition are that election for post of Gram Pradhan for Gram – Mohammadpur Kashi, Tehsil - Chandausi, District - Sambhal was notified. The petitioner and respondent no. 4 along with other candidates submitted their nomination for post of Gram Pradhan. The election symbol of the candidates are as follows :-

Sri Ashraf Khan – Imli

Smt. Kehkashan – Car

Smt. Ishrat Jahan – Kanni

Mohd. Kasib – Kitab

Jakir – Camera

Jahid – Carrom Board

4. The election/voting took place on 29.4.2021. The counting took place on 2.5.2021 and the same was concluded. On completion of the counting, petitioner (Smt. Kehkashan) was declared as returned candidate having secured 664 votes and respondent no. 4 (Sri Ashraf Khan) had secured 658 votes, Mohd. Ansar secured one vote, Smt. Ishrat Jahan secured 6 votes, Mohd. Kasib secured 2 votes, Jakir secured 16 votes and Jahid secured 2 votes.

5. The respondent no. 4 thereafter preferred an election petition dated 28.5.2021 under Section 12-C of U.P. Panchayat Raj Act, 1947. The Prescribed Authority by order dated 9.9.2024 has directed recounting of votes.

6. On an earlier occasion, this Court by judgement dated 23.9.2024 decided the present petition. The respondent no. 4 (Ashraf Khan) being aggrieved by order dated 23.9.2024 preferred Civil Appeal No. 12308 of 2024 (Arising out of SLP(C) No. 25059/2024) (Ashraf Khan Vs. Kehkashan & Ors.)before the Hon’ble Supreme Court.

7. The Hon’ble Supreme Court by order dated 23.10.2024 directed recounting of votes in presence of Court Commissioner appointed by Hon’ble Supreme Court. In furtherance thereof, recounting of votes was once again undertaken whereby the respondent no. 4 (Ashraf Khan) secured 659 votes and petitioner (Smt. Kehkashan) secured 657 votes. In the process, 114 votes have been declared as invalid. The Hon’ble Supreme Court thereafter by order dated 13.11.2024 has remanded the matter before this Court.

8. In pursuance to order dated 13.11.2024 passed by Hon’ble Supreme Court, learned Standing Counsel has produced a sealed envelope containing invalid ballot papers before this Court (in the presence of learned counsel for the petitioner and learned counsel for respondent No. 4 & 7) and same was taken on record on 21.11.2024. Further, by orde