Sunita Agarwal, J. - (1.) Heard Shri Alok Kumar Yadav, learned counsel for the petitioner and Shri Manu Khare, learned counsel appearing for respondent No.2 namely Satendra Kumar Singh (the election petitioner). The dispute being raised in the present petition is with regard to the order dated 2.12.2016 passed by the election tribunal on an application filed by the election petitioner.
(2.) The petitioner herein is the returned candidate in the Election Petition No.4/T20161551021394 (Satendra Kumar Singh v. Prem Sheela & Ors.) filed by the respondent no.2 with the categorical assertion that irregularities were committed in the election of the returned candidate. Before the polling on 1.12.2015, a complaint was filed by the petitioner on 25.11.2015 before the Election Officer with the categorical assertion that names of voters at Serial No.2020 to 2038 namely 19 in number have been included by committing forgery so as to grant benefit to the returned candidate. These persons were not permanent resident of village in question namely Kalyanpur. Their names were also in the voter list of village Goghwal Rampur Vikas Khand.
(3.) It is further categorically stated in the election petition that these persons who are 19 in number exercised their franchise at two places namely Village Panchayat Kalyanpur and Village Panchayat Goghwal Rampur Vikas Khand. Their names were included by way of amendment to the voter list of the present panchayat. The election petition under Section 12-C of the U.P. Panchayat Raj Act was filed on 28.12.2015 with the affidavit of the election petitioner that he had personal knowledge of the facts stated in paragraph 8 of the election petition. Notices were issued to the returned candidate. He had put in appearance but as on date, no written statement has been filed by him.;