SUNIL AMBWANI,J. - (1.) HEARD Sri P.S. Baghel for petitioner and Sri P.P. Srivastava, Senior Advocate, assisted by Sri Sharad Srivastava, for respondent No. 1 as well as learned Standing Counsel.
(2.) PETITIONER was declared elected as member of Zila Panchayat, Kshetra No. 32, Bhatpar Rani Uttari, District Deoria, in elections held on 20.5.2000 and the result was declared on 27.6.2000 after the counting held from 24th to 27th June, 2000, with a margin of 27 votes, as compared to the votes secured by respondent No. 1 Smt. Vibha. An election petition was filed by respondent No. 1 Smt. Vibha under Sections 27(2)(a) and (b) of U.P. Kshetrya Panchayat and Zila Panchayat Adhiniyam,, 1961 read with Rules 4 and 6 of U.P. Zila Panchayats (Settlement of Disputes Relating to Membership) Rules 1994, (in short the Rules), on the ground of gross irregularities in the counting of votes, and preparation of false election result on the basis of which petitioner Raj Kumar Sahi was declared to be elected.
(3.) A preliminary objection was raised by petitioner regarding the maintainability of election petition. In first Writ Petition No. 46650 of 2000, filed by petitioner, a direction was issued by this Court on 23.11.2000 to the Election Tribunal to decide the preliminary issue. The Tribunal has decided the issue in favour of election petitioner. By the said order, it was also held that security deposited under Rule 7 of Rules, 1994, was in substantial compliance of the Rules. Aggrieved, petitioner filed Second Writ Petition No. 51483 of 2002 in which notices have been issued on 3.12.2002 by this Court.;