J.K. Tandon, J. - (1.) An election took place on 30-12-1955 for the office of Pradhan of Gaon Sabha Hansauli, district Mirzapur. There were three contestants, who were Sharda Prasad, the Petitioner here, and Shambhu Narain and Brahma, Respondents 1 and 2. Shambhu Narain Respondent No. 1 was declared elected as the number of votes polled in his favour were shown in the election return to be 9o. The votes polled by Sharda Prasad the Petitioner were 84 and those polled by Brahma, the second Respondent, were 58 only. The Petitioner's allegation is that Shambhu Narain had secured 59 votes only including 42 votes by men and 17 by women, but the election return was tampered with by the Presiding Officer who instead recorded 98 votes in his favour comprising 62 men votes and 36 women votes. Thus, according to him he had secured the largest number of votes and not Shambhu Narain Respondent. R. 19F of the UP Panchayat Raj Rules has prescribed that where at any election any polling return is in any way tampered with the election to which the return relates shall be void. In sub-R. (2) of the same Rule provision exists that, whenever the polling at any polling place shall become void under sub-R. (1), a fresh poll shall take place.
(2.) The Petitioner has with Annexure A produced a copy of the polling return relating to this election. It appears from this return that the figures of votes originally entered against Shambhu Narain in his Return were cancelled and fresh figures, as follows, were entered: "Mard Aurat 62 36 98 Atthanwe."
(3.) According to the Petitioner the original figures were 42 males and 17 females the total being 59 only. But the Presiding Officer tampered with those figures and substituted the new figures. Thus, relying on R. 19F he claims that fresh-poll was necessary.;