- (1.) HEARD Shri D. C. Mukherjee and Shri Sharad Nandan Ojha, learned counsel for the petitioner, learned State Counsel as well as Shri R. N. Gupta, learned counsel appearing on behalf of opposite party no.2 and perused the record.
(2.) ON 25.10.2010, an election was held for the office of Pradhan of Village Panchayat Bulakipur and the result was declared on 28.10.2010 in which petitioner/Amarjeet has succeeded. He secured highest 193 votes, defeating his nearest rival i.e. opposite party no.2/Pankaj Singh by margin of 8 votes, who secured 185 votes.
(3.) AGGRIEVED by the result of the election, opposite party no.2 filed an election petition under Section 12 -C of U.P. Panchayati Raj Act, 1947 registered as Election Petition No.11/11 of 2010 (Pankaj Singh vs. Amarjeet and Ors.) before the Prescribed Authority/Sub -Divisional Magistrate, Kunda, District -Pratapgarh. On 11.05.2011, petitioner filed a written statement denying the allegations as made against him in the election petition inter alia stating therein that election for the post of Pradhan and counting was done in accordance with law and no illegality or irregularity was committed and no corrupt practice was adopted at all. So, election petition is not maintainable, liable to be dismissed.;