Pankaj Mithal, J. - (1.) -This is an appeal under Rule 49 (1) of the U. P. Kshettra Samities (Election of Pramukhs and Up-Pramukhs and Settlement of Election Disputes) Rules, 1962 (for short, the Rules) framed under the U. P. Kshettra Samities and Zila Parishads Adhiniyam, 1961 (for short, the Act).
(2.) THE election to the post of Pramukh of Kshettra Panchayat, Rajpur, Tehsil Sikandra, district Kanpur Dehat were notified and were held in the month of February, 2006. In the said elections, only three nominations for the post of Pramukh were received. One of the candidates withdrew his nomination. Therefore, the appellant Hari Om and the respondent Hakim Singh alone remained in the frey. The polling took place on 27.2.2006. There were only 55 voters and all of them voted.
(3.) THE counting also took place on the same evening. Of the 55 votes cast, one ballot paper was rejected as invalid by the returning officer. THErefore, only 54 ballot papers remained for counting. Out of the 54 valid votes both the candidates polled 27 votes each and as such there was a tie. On account of tie lottery was drawn in accordance with Clause 4 of Schedule II of the Rules. On the basis of the lottery the returning officer declared Hari Om, appellant as the successful candidate. On the declaration of the result respondent Hakim Singh who lost despite having polled equal number of votes, filed an Election Petition No. 2 of 2006, under Rule 35 of the Rules challenging the election of the appellant on the ground that four more ballot papers were invalid and were liable to be rejected. The non-rejection of the said four invalid ballot papers has materially affected the result of the election.;