RAKESH SHARMA,J. - (1.) HEARD Sri Mohd. Altaf Mansoor and Sri K.P.S. I Yadav, learned counsel for the appellant, Sri Ravi Kant, senior advocate assisted by Sri Birendra Singh, counsel for respondent No. 3 and Sri Bhagwati Prasad, counsel for respondent No. 4.
(2.) THE present first appeal has been filed under Rule 49 of U.P. Kshettra Panchayats (Election of Pramukhs and Up-Pramukhs and Settlement of Election Disputes) Rules, 1994 (hereinafter referred to as "Rules of 1994") by Smt. Reeta Yadav, a defeated candidate assailing the judgment and order dated 17.6.2008 passed by the Addl. District Judge/Special Judge (S.C. and ST. Act); Ghazipur exercising the powers of the Judge under the Rules of 1994. The said learned Judge has concluded the election dispute, that is, Election Petition No. 1 of 2006, Smt. Geeta Yadavv. Smt. Reeta Yadav and others. The learned Judge has allowed the election petition filed by Smt. Geeta Yadav declaring her as elected Pramukh of Kshettra Panchayat Sadaat, district Ghazipur. The brief facts of the case are as follows: On 1st March, 2006, an election was held for the post of Block Pramukh of Kshettra Panchayat, Sadaat, district Ghazipur. Three contestants, namely, Smt. Reeta Yadav, appellant herein, Smt. Kiran Singh, respondent No. 4 and Smt. Geeta Yadav, respondent No. 3 were in the field seeking their election to the said post of Block Pramukh. The election result was declared. Total 92 votes were polled. The result is given in the following table: 1 2 3 4 Reeta Yadav Geeta Yadav Kiran Singh Invalid Votes 35 Votes (First Preference) + 1 vote transferred from Kiran Singh (Second Preference) Total = 36 28 Votes (First Preference) + 3 Votes (Second Preference) Total = 31 12 Votes (First Preference) 17 i In view of the above Smt. Reeta Yadav who had secured the highest number of votes, i.e., 36 was declared elected by the Returning Officer on 1st March, 2006. Smt. Geeta Yadav got 31 votes. According to Election Officer Smt. Geeta Yadav had secured 31 votes.
(3.) BEING aggrieved by the election result, Smt. Geeta Yadav had challenged the election process, its result by filing the election petition No. 1 of 2006 before the appropriate Tribunal, Judge in the judgeship of Ghazipur. This election petition was presented under Rule 35 of the aforementioned Rules of 1994.;