This appeal is preferred under Section 49 of U.P. Kshettra Panchayat (Election of Pramukh and Up-Pramukh) Rules, 1994, and is directed against judgement and order dated 4th of September, 2004, passed in election petition no. 42 of 2003, by Shri V.K. Jain, Learned District Judge, Pauri.

2. Brief facts of the case are that appellant Naval Kishore, respondent no. 1 Ganesh Singh, and respondent no. 3 Harsh Mani, were candidates for election to the post of Block Pramukh of KOT (District Pauri). The election was held on 17.05.2003 under the supervision and control, of Returning Officer/Election Officer (respondent no. 3). The counting of votes was also done on the same day. In the counting of votes. of first preference, the appellant Naval Kishore, secured nine votes, respondent Ganesh Singh secured eight votes, and remaining six votes were polled in favour of respondent no. 2 Harsh Mani. As per the rules, Shri Harsh Mani, being the person who secured lowest number of votes got eliminated and excluded from the run and his second preference votes were counted. It appears that out of the six votes only in one ballot paper, second preference was recorded which was counted in favour