MANISH KUMAR,J - (1.)Heard Shri A.Z. Siddiqui, learned counsel appearing for the petitioner, learned Standing Counsel and Shri Vikrant Prakash, learned counsel for the respondent no. 2.
(2.)Present petition has been preferred to quash the impugned orders dated 04.07.2022 and 12.01.2022. It has further been sought to direct the Election Tribunal to first decide the preliminary issue before the further proceedings in the Election Petition and direct the Prescribed Authority to get the aforesaid original ballot paper be investigated by the Police after registering the FIR at the concerned Police Station.
(3.)The brief facts of the present case as per the petitioner are that the petitioner was declared elected as Gram Pradhan of Village Atwa, Kshetra Panchayat Kothwan, Tehsil Sandila, District Hardoi by the Election authorities on 03.05.2021. Later, some persons who were not elected had preferred an application under Section 12 C of the Uttar Pradesh Panchayat Raj Act, 1947 (henceforth be referred as, the Act, 1947) challenging the election of the petitioner. In the said proceedings, the notice was issued to the petitioner and in reply thereto, a written statement was submitted denying the facts narrated in the application preferred under Section 12 C of the Act, 1947.