- (1.) This Election Petition has been filed inter-alia seeking the following reliefs: A) "declare the election of respondent no.1 as Member of Legislative Assembly from 249 Patti Assembly Constituency, District Pratapgarh as null and void and declare the petitioner as duly election as Member of aforesaid constituency. B) Pass an order for summoning all 955 ballot papers which were cast by electors on election duty at 'PB Facilitation Centres' established in the constituency at training places and to declare the result after counting them. C) Pass such other order or direction which the Hon'ble Court may deem fit and proper in the facts of the case. D) Award costs to the petitioner."
(2.) Brief facts, which led to the filing of the instant election petition are, that the petitioner, who is the political leader, was one of the contesting candidate for the seat of the Member of the State Legislative Assembly in the State of Uttar Pradesh from 249 Patti Assembly Constituency, District Pratapgarh. The petitioner had received 61278 votes whereas the first respondent had received 61434 votes and, as such, the respondent no.1 was declared elected as Member of Legislative Assembly by a margin of 156 votes. It is said that the result of the election has been materially affected by improper refusal/rejection of 955 postal ballot papers, which were neither opened nor counted by the Returning Officer during the counting of the votes. The persons, who are either in defence services or in other services or under detention or on election duty, who were not able to reach their respective polling stations on the day of poll, are permitted to cast their votes by postal ballot papers for which the provisions have been made in the Conduct of Election Rules, 1961 (hereinafter referred as 'Rules 1961'), wherein it is provided that such voters have to fill up the application in Form -12 and send it to the Returning Officer before seven days of the voting. In the present case, the training-cum-postal ballot facilitation centre was established and the authorized representative of the contesting candidates were also allowed to remain present at the facilitation centre. While adopting the aforesaid procedure, the postal ballots were given to the polling personnel at election duty relating to the Constituency No.249 Patti Assembly and drop boxes were also kept there with. In this Constituency, 955 polling personnel exercised their right to cast votes through postal ballot paper by dropping the same in the drop box. The aforesaid 955 polling personnel also completed the necessary formalities as provided in the Hand Book of Returning Officer 2009. Form 13-A is meant only for the identification of the persons as a voter of the constituency and the attestation is done by the authorized officer.
(3.) After the polling was over on 19.02.2012, the Deputy District Election Officer, District Pratapgarh wrote a letter dated 23.02.2012 to the Chief Electoral Officer, Lucknow seeking some clarification with regard to the counting of postal ballots. In the said letter, it was mentioned that the Returning Officer has himself identified the said electors and after being fully satisfied, issued the ballot papers and for this reason, Form 13-A was not issued because it was not felt necessary to do so. The said letter was forwarded to the Election Commission of India for necessary guidelines and the Election Commission of India issued a letter dated 05.03.2012 stating that only such postal ballot papers, which have been issued and received back as per the statutory requirements shall be counted.;