LAWS(ALL)-2022-8-107

NEELAM DEVI Vs. STATE OF U.P.

Decided On August 11, 2022
NEELAM DEVI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Ashish Kumar Singh, Advocate along with Sri Prashant Kumar Tripathi, learned counsel for the petitioner, learned Standing Counsel and Sri Ramendra Asthana, learned counsel appearing for the respondent no.5.

(2.) Sri Ramendra Asthana, learned counsel appearing for respondent no.5 states that he would not file counter affidavit and would argue the matter at the admission stage itself. The petition, therefore, after being heard, is be decided finally.

(3.) An election was held on 19/4/2021 for the post of Pradhan of village Rakhi Nevada, Kshetra Panchayat Sevapuri, Tehsil Rajatalab, District Varanasi. The Election Commission had allocated polling booth nos.163, 164, 165 and 166 for the said election. In the election, the petitioner-Neelam Devi was declared elected. Respondent no.5-Asha Devi, filed an Election Petition questioning the election of the petitioner. In the election petition there were various allegations with regard to the method of voting as also with regard to the method of counting of votes. Ultimately, the Election Tribunal framed as many as eight issues for the decision of the election petition. The issues are being reproduced here as under :-