RAKESH TIWARI, J. - (1.) HEARD Sri Ashok Khare, learned Senior Counsel as­sisted by Sri Nagendra Nath Mishra, Ad­vocate, learned Standing Counsel for re­spondent No. 1, Sri Gajendra Pratap, learned Counsel representing respondent No. 2 and perked the records.
(2.) THIS writ petition has been filed challenging the validity and correctness of the orders dated 21.8.2006 and 31.10.2008 passed by the District Judge, Gorakhpur, which have been appended as Annexures-8 and 9 to the writ petition. By order dated 21.8.2006 the amendment application filed by the elec­tion petitioner has been allowed by the Court below by imposing cost of Rs. 100/-and by order dated 31.10.2008 the District Judge, Gorakhpur has decided issue Nos. 5 and 7 against the petitioner.
(3.) THE facts of the case in nutshell are that Smt. Vidya Devi wife of Sri Hari Prasad (respondent No. 2 in this writ peti­tion) filed Election Petition No. 6 of 2006, Smt. Vidya Devi v. Geeta and others before the District Judge, Gorakhpur on 4.11.2006 praying for a relief of cancellation of the result of election declared in favour of the petitioner on 6.11.2006. In the election held on 3.11.2006, the result of which was de­clared on 6.11.2006 as stated above in which Smt. Geeta Devi was declared as successful candidate for the post of Chair­man of Nagar Panchayat, Barahalganj, District Gorakhpur.;