- (1.) PRAKASH Krishna, J.-This appeal arises out of an Election Petition No. 8 of 2001 filed under Sections 14 and 23 of U.P. Kshetriaya Panchayats and Zila Panchayat Adhiniyam, 1961. The court below by the order dated 29th October, 2003 has dismissed the election petition.
(2.) THE election to the post of Pramukh of Kshetriya Panchayat, Ferozabad, District Ferozabad is the subject matter of the present appeal. In the said election 4 persons, the present appellant and the three respondents were candidates for the aforesaid post. THE result was declared on 13th March, 2001. In the said election total 103 votes were polled. Out of them 9 votes were rejected being invalid. Resultantly 94 valid votes were cast. As per report of the Election Officer the candidates got the votes as follows : Name of Candidates Votes Cast 1. Smt. Ganga Devi 4 2. Smt. Pushpa Devi 14 3.Smt. Meena Rajpoot 31 4.Smt. Meera 45 Total 94 The Election Officer on the basis of the votes polled as indicated above declared Smt. Meera, the respondent No. 1 in the appeal as a successful candidate. None of the voters cast their votes for second and subsequent preferences. All the voters cast only first preference votes. Challenging the said declaration of result an election petition was filed. The election petition has been dismissed by the Court below. Aggrieved against the aforesaid order the present appeal has been filed. The notices were issued to the contesting respondents by registered post. The office has reported that the notices issued to the respondent Nos. 1 to 4 by registered post acknowledgment due fixing 20th May, 2004, have not been returned back after service, neither undelivered cover nor the acknowledgment received back. The service on the respondents was held sufficient by the order dated 11th August, 2004 and thereafter the appeal was listed for hearing on 18th August, 2004. None appeared on behalf of the respondents even on 18th August, 2004 and the hearing of the appeal concluded ex parte.
(3.) HEARD the learned counsel for the appellant and perused the record. It was submitted that the election in question is governed by the provisions of U.P. Kshetriya Panchayats (Election of Pramukhs and Up-pramukhs) Rules, 1994. The procedure for counting of votes is provided under Rule 26. Schedule-II framed under Rule 27 provides the instructions for the determination of the result. It was submitted that since there were 4 candidates therefore the quota was a relevant factor. Ninety four valid first preference votes were cast. According to the formula provided for determination of quota, it is half of the valid votes cast plus one. Therefore in the present case it comes to 48 votes. The respondent No. 1 has been declared elected while she got only 45 votes. The total votes cast in her favour being less than the quota, she could not be declared a successful candidate in the election. Reliance has been placed upon a judgment of the Supreme Court given in the case of Jaidrath Singh v. Jivendra Kumar, 2000 (2) AWC 1143 (SC) : AIR 2000 SC 988. I have given careful consideration to the submissions of the learned counsel for the appellant. Indisputably there were four candidates in the election fray for the post of Pramukh, Kshetriya Panchayat, Ferozabad. The respondent No. 1 who has been declared elected got 45 votes in all, while the appellant secured only 31 votes. It is also not in dispute that the election held with the system of proportional representation by means of single transferable vote. In this connection reference can be made to Rule 17 of the aforesaid rules which reads as follows : "17. Manner of Voting.-The election will be held in accordance with the system by proportional representation by means of a single transferable vote and the voting, at such election shall be by secret ballot, votes shall be cast in person and no vote shall be received by proxy." Rules 26 lays down procedure at counting and Rule 27 deals with the determination of the result. The said rule is quoted below : "27. Determination of Result.-After all the valid papers have been arranged in parcels according to the first preference recorded for each candidate, the Returning Officer shall proceed to determine the result of the voting in accordance with the instructions contained in Schedule II to these rules." ;