Krishna Murari, J. - (1.) The present election petition has been filed challenging the election of respondent No. 1 as Member of State Legislative Council (Local Authorities Constituencies) from Pilibhit -Shahjahanpur Local Authorities Constituency in Uttar Pradesh. The Election Commission issued a notification notifying the following programme: JUDGEMENT_83_LAWS(ALL)2_2016.jpg
(2.) In pursuance of the aforesaid election programme, 7 candidates including the election petitioner filed their respective nominations. After the polling and counting as per the election programme, respondent No. 1 was declared elected on 13 -01 -2010 by the returning officer by a margin of 173 votes. The respondent No. 1 was shown to have received 1581 votes and the election petitioner 1408 votes.
(3.) The election petition is based on the allegation of illegalities and irregularities committed by the returning officer and his staff in the process of counting of polled votes by improper reception of void and invalid votes in favour of respondent No. 1 and improper rejection of valid votes of the petitioner, which materially affected the election. The grounds for challenge are referable to Sec. 100(1)(d) of the Representation of the People Act, 1951 (in short the 'Act, 1951'). Reliefs prayed for in the election petition are as under: "A. declare the election of respondent No. 1 as Member of the Legislative Council from Pilibhit - Shahjahanpur Local Authorities Constituency as null and void and set aside the same. B. to declare the petitioner as duly elected Member of Legislative Council from Pilibhit -Shahjahanpur Local Authorities Constituency. C. to issue order and direction for inspection and recount of rejected votes of the election in question. D. pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts of the case.";