SUDHIR AGARWAL, J. - (1.) HEARD Sri K.R. Singh, learned counsel for the petitioner and Sri Ravi Kiran Jain, Senior Counsel, assisted by Sri S.K. Mishra, learned counsel for the respondent.
(2.) THIS election petition under Section 80/81 of Representation of People Act, 1951 (hereinafter referred to as "Act 1951") has come up assailing the election of respondent no.1,Pradeep Mathur as Member of Legislative Assembly from 84 Mathura Assembly Constituency, District Mathura. The petitioner seeks declaration to hold it null and void and further to declare the petitioner duly elected member of the aforesaid constituency. He has also sought a direction for summoning 1048 Postal Ballot Papers cast by electors on election duty at "PB Facilitation Centre", established in the constituency, at training places, and to declare result after counting the same.
(3.) BRIEF facts, as set out in election petition, to challenge aforesaid election are; that the Governor of State of Uttar Pradesh by Notification issued under Section 15 of Act 1951 called upon all electors of the State to elect Members of State Legislative Assembly from different assembly constituencies of the State. In the present case this Court is concerned with election of 84, Mathura Assembly Constituency (hereinafter referred to as "84 MAC"). The Election Commission notified election schedule for 84 MAC as under: 1.Last date for nomination : 9th February, 2012 2.Date for scrutiny of nomination forms : 10th February, 2012 3.Date for withdrawal of candidature : 13th February, 2012 4.Date for Polling : 28th February, 2012 5.Date for Counting of Votes : 6th March, 2012 6.Date of Declaration of Result : 6th March, 2012 The petitioner filed his nomination from 84 MAC as a candidate from Bhartiya Janata Party (hereinafter referred to as "BJP") with election symbol of Lotus. Respondent no.1, Pradeep Mathur submitted his nomination as a candidate from Indian National Congress Party with election symbol of Hand. The total number of votes polled in the aforesaid election were 200654 which included one postal vote. The petitioner secured 53997 votes while respondent no.1, Pradeep Mathur secured 54498 votes. Having secured 501 more votes than petitioner, respondent no.1 was declared elected. Respondent nos. 2 to 27 are other candidates who also contested aforesaid election from 84 MAC. Respondent no.2, Ashok Agrawal, a candidate from Samajwadi Party secured 53049 votes. Respondent no.3,Pushpa Sharma, a candidate from Bahujan Samaj Party secured 30240 votes and rest of the respondents were cast very small number of votes i.e. less than a thousand and therefore, it is not necessary to give details thereof.;