- (1.) SUNIL Ambwani, J. The elections to the post of Pradhan of village Medara, Post Karchhana, district Allahabad, were notified in the year 2005 and held on 20. 8. 2005. In the counting of votes among the three contestants on 29. 5. 2005, that both Smt. Shanti Devi, the petitioner and Smt. Uma Devi-respondent No. 1, secured 237 votes each and that Smt. Rajwanti Devi-respondent No. 2 polled 235 votes. 35 votes were found to be invalid. In a lottery held in accordance with the Rules between the petitioner and respondent No. 1 securing equal number of votes, Smt. Uma Devi-respondent No. 1 was the draw and was declared elected.
(2.) THE petitioner preferred an election petition under Section 12c (b) of U. P. Panchayat Raj Act, 1947 (in short the Act ). THE written statement was filed on 7. 2. 2006. THE proceedings were delayed on which the petitioner filed a writ petition in which a direction was issued by this Court to decide the election petition within a period of one year. The Sub-Divisional Magistrate, Karchhana, exercising delegated powers of the Election Tribunal under the Act, summoned the entire election records. By his order dated 12. 2. 2007, after taking evidence the Tribunal held on issue Nos. 1 and 2, that the draw was held in accordance with the procedure prescribed under the Rules, with the consent of both the parties. On issue No. 3, the Tribunal held on the statement of Indrawati Nishad, son of Shambhu Nath, examined as D. W. 1, that Smt. Uma Devi, the petitioner had polled 239 votes but the agents of Smt. Shanti Devi exercised undue pressure on the officers and got the ballots counted again in which two votes counted in favour of Smt. Uma Devi was declared as invalid. The Tribunal found that prima facie there was sufficient evidence to show improper rejection of the two votes in favour of Smt. Uma Devi and directed recount of votes. The Sub-Divisional Magistrate, Karchhana, Allahabad proceeded to recount the ballots on 17. 2. 2007. He opened the sealed bundles of ballots of Smt. Uma Devi the elected candidates and found that out of 237 ballots, three ballots namely 4aa6456113 4aa6456122 and 4aa6456216 were stamped on both the election symbols of the election petitioner and the elected candidate. He found that all these three invalid ballots should have been placed in the bundle of invalid ballots and not in the bundles of the elected candidate.
(3.) IN the meantime, a transfer petition was filed by the elected candidate before the then Revenue Officer, who restrained the Sub-Divisional Magistrate to pass any final order in the election petition. Aggrieved a revision was filed under Section 192 of the Land Revenue Act before the Commissioner, Allahabad Division, Allahabad. The interim order could not be extended and thus the Sub-Divisional Magistrate proceeded to hear the matter. The elected candidate requested for recounting the entire ballots. The Sub-Divisional Magistrate in his order dated 7. 3. 2007, did not accept the request and relying upon recount of votes of elected candidate on 17. 2. 2007, in which he had found three invalid votes in the bundle of the elected candidate, declared that since she had polled only 234 votes and Smt. Shanti Devi had polled 237 votes she is declared as elected. The election petition was decided accordingly on 8. 3. 2007.;