B.AMIT STHALEKAR,J. - (1.) This Election Petition has been filed by the petitioner Pushp Pal Singh seeking a declaration of the election of the respondent Ghanshyam Singh Lodhi as member of the Legislative Council of Uttrar Pradesh from Rampur - Bareilly Local Authority Constituency as null and void.
(2.) Briefly stated, the facts and allegations as set out in the Election Petition are that election of Rampur - Bareilly Local Authority Constituency was notified by the Election Commission of India on 8 February, 2016. The last date of filing of nomination was 15 February, 2016 and the date of scrutiny of nomination was 16 February, 2016. The last date for withdrawal of candidature was 18 February, 2016. The date of polling was 3 March, 2016 from 8 A.M. to 4 P.M. and the date for counting of votes was 6 March, 2016 and the election process was to be completed on or before 9 March, 2016. The election schedule as stated in the Election Petition is extracted below : Issue of Notification : 8th February, 2016 (Monday) Last date of making nomination : 15th February, 2016 (Monday) Scrutiny of nominations : 16th February, 2016 (Tuesday) Last date of withdrawal of candidatures : 18th February, 2016 (Thursday) Date of Poll : 3rd March, 2016 (Thursday) Hours of Poll : 8 A.M. To 4 P.M. Counting of Votes : 6th March, 2016 (Sunday) Date before which election shall be completed : 9th March, 2016 (Wednesday)
(3.) It is stated that the petitioner was one of the contesting candidates in the said election and was nominated by the Bhartiya Janata Party (in short 'B.J.P') with the symbol of 'Lotus' whereas the respondent was nominated as candidate of the Samajwadi Party (in short 'Samajwadi Party') with the symbol of 'Cycle').;