S.H.A.Raza, J. - (1.) The petitioners along with others filed nomination papers for four constituencies, viz., (i) Amund, (ii) Rigwara Khurd ; (iii) Kachhwakala and (iv) Karahi for the post of Pradhan on 26/27.3.1995 before Shri Dadu Ram. Gram Vikas Adhikari and Sri Shiv Ram Kushwaha, Returning Officer, Gohand who were appointed as Assistant Returning Officer and Returning Officer respectively. Sri Dadu Ram, Assistant Returning Officer. committed misconduct and absconded from duly and took away all the nomination papers along with him. The polling of the votes in all the four constituencies mentioned above was held on 12.4.1995 and counting of votes was held on 20.4.1995 and in view of the fact that Sri Dadu Ram, Assistant Returning Officer has absconded with the nomination papers in collusion with Sri Shiv Ram-Kushwaha who was then Returning Officer, according to the respondents the result was not declared. A complaint against Sri Dadu Ram and Sri Shiv Ram Kushwaha. were made by several persons. The District Election Officer, recommended the repoll of the above constituencies to the State Election Commissioner on 11.4.1995 and on some other dates. The letter was sent on 25.4.1995 by the District Election Officer. Hamirpur to the State Election Commissioner, which was taken note by the State Election Commissioner and on 24.4.1995 and on 29.4.1995, the Deputy Election Commissioner Sri C. S. Bakshi passed an order directing the District Election Officer to conduct repoll in the above mentioned constituencies according to the instructions contained in letter No. 1013 dated 25.4.1995 issued by the Slate Election Commissioner.
(2.) In pursuance to the State Election Commissioner's directive contained in letter dated 29.4.1995, the District Election Officer passed an order dated 30.4.1995 for repoll in the above mentioned constituencies fixing schedule for filing nomination papers, scrutiny, withdrawal and conduct of election and declaration of results. The election took place on 10.5.1995 and counting of votes took place on 12.5.1995. On the very date after counting, result was declared on 12.5.1995 and Sri Chhatra Pal. Village Amund, 2. Sri Ram Het Lodhi, Village Rigwara Khurd.
(3.) Shri Jagdish, Village Kachhwa Kala and 4. Sri Bhanu. Village Karahi were declared elected, as Pradhan. 3. it was vehemently denied by the respondents that the result of the petitioners was ever declared. The result was not declared only for the reason that Sri Daduram with the connivance of Sri Shivram Kushwaha. who were appointed as Assistant Returning Officer and the Returning Officer absconded with the relevant papers including the nomination papers, so the Election Commissioner on the report of the Chief Election Commissioner ordered for the repoll.;