D.P.S. Chauhan, J. - (1.) THE Petitioner, who is an elected Pradhan of Gaon Sabha Rasulpur Sed, Development Block Nazibabad, District Bijnor (for brevity, hereinafter referred to as 'the Gaon Sabha') has approached this Court under Article 226 of the Constitution impeaching the order passed by the Sub Divisional Officer, Nazibabad, in the capacity as Election Tribunal under the U.P. Panchayat Raj Act, 1947 (for brevity, hereinafter referred to as 'the Act') whereby recount of ballot papers was ordered, and has sought the relief for quashing the same.
(2.) THE brief facts are that one Ikrar Husain, who was one of the candidates at the election for the office of Pradhan of the Gaon Sabha, on having lost the election against the present Petitioner, challenged the election by means of an election petition under Section 12 -C of the Act. On the basis of the pleadings of the parties' the Tribunal framed the following issues: 1. Kiya Gaon Sabha Rasulpur said ke mat patra ganana me ganana sthal par dhandli bazi ke gaye 2. Kiya ganana ke samay yachak ko andar jane nahi diya gaya tatha matra aek agent ko prabesh diya gaya. Yadi ho to iska prabhaw. Kiya Yachak ave uske abhibakta ko ginti ke samay maton ko dekhne ka absar pradan nahi kiya gaya.
(3.) KIYA ganana staff ne abaidh matpatra ko baidh karar dekar prati -badi ke paksh me gin diye tatha abaidh mat patra pratibadi no 1 ke hak me gin diye gaye. Yadi hai to Iska pabhaw.;