- (1.) RAJESH Tandon Heard Sri Sharad Sharma counsel for the petitioner and Sri R. P Nautiyal and Standing Counsel for the respond ents.
(2.) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 19-2-2005 passed by the District Judge, Rudraprayag. Briefly stated respondent no. 2 filed election petition against the peti tioner Kalka Prasad and one Sri Dhan Singh respondent no. 3, praying for set ting aside the election of the petitioner as well as counting for 70 votes which have not been counted. According to the case of the re spondent no. 2 on 20-2-2003 State of Uttaranchal issued a notification for holding Panchayat election in three phases. According to the schedule elec tion of Gaon Sabha Jaula was to be held on 23-3-2003 and symbols were allotted to the candidates contesting the election.
(3.) THE total numbers of voters were 464, whereas the total votes casted were 375. THE poling had taken place on 24th March 2003 and counting was held on 30-3-2003 in Government Inter College, Agastmuni Out of the total 375 votes the petitioner got 130 votes, respondent no. 2 got 127 votes and the respondent no. 3 got 36 votes. 12 votes were de clared invalid and 70 votes were not counted because they were not bearing the endorsement of the Presiding Officer. The respondent no. 2, therefore, in the election petition has alleged that the returning officer has not counted 70 votes inspite of the request made by the respondent no. 2, which has materially affected the request of the respondent no. 2. He has also alleged to have filed objection before the Returning officer.;