Ravi S. Dhavan, J. - (1.) This petition is at the behest of a defeated candidate in reference to the office of Pradhan at village Khairpur, Bargana Sayana, Tahsil and district Bulandshahr. The issue is an election which took place in 1982. There was a tie between two candidates. The candidates were the Petitioner Bal Kishan and respondent No. 3 Dharam Singh. They got equal votes. On the basis of a lottery chance favoured the petitioner and he became the Pradhan. The votes secured by the Petitioner and the respondent No. 3 upon a tie were 182.
(2.) In the matter relating to a tie it is inevitable and logical that on a toss the respondent No. 3 could also have been declared elected.
(3.) However, the respondent No. 3 instituted an election petition, under Section 12-C of the U.P. Panchayat Raj Act, 1947. In his pleadings the respondent No. 4 made an issue of the fact that 10 invalid votes had wrongly been declared valid and counted in favour of the Petitioner Bal Kishan. A preliminary issue was framed on this and the Additional Pargana, Sadar Adhikari declared that two votes were indeed invalid and counted in favour of Bal Kishan. These two votes were crucial and this made an impact in breaking the tie and thus respondents No. 3 was successful in the election petition and the election on which the petitioner elected on a lottery was aside. A recount was sought by the respondent No. 3 and the recount tipped the balance in favour of the said respondent and against the Petitioner.;