- (1.) This Election Petition is preferred under Section 80, 80A, 81, 82 and 117 of Representation of the People Act 1951 by petitioner Smt. Shanti Devi against Returning Officer (Constituency 341, Salempur), District Deoria, respondent no.1 and private respondent Manbodh Prasad, respondent no.2 and Chief Election Commissioner through its chief Election Commission New Delhi, respondent no.3 (Later on by the order of this Court respondents no.1 and 3 were deleted) for the relief of declaration of the election of the respondent as Member of Legislative Assembly from 341, Salempur Assembly Constituency, District Deoria as null and void and set aside the same by any evidence.
(2.) The brief facts which give rise to this petition are that : By means of notification issued under Section 15 of the Representation of the People Act, 1951 (hereinafter as the "Act") the Governor of the State of U.P. called upon the electors of the state to elect the members of the State Legislative Assembly in which 341, Salempur was one of the Legislative Assembly Constituencies (in District Deoria) reserve for schedule cast for which election was to be held.
(3.) After the aforesaid notification by the Governor, the Election Commission notified the dates election was held with the following program: JUDGEMENT_169_LAWS(ALL)1_2015_1.html;