Siddhartha Varma - (1.) After an election took place with regard to the post of Pradhan of Gram Panchayat Dehlikhurd, Block Sidhpura, District Kasganj, the result was declared on 13.12.2015. The respondent no.3-Om Kar challenged the election of the petitioner through Election Petition No.1037 of 2016 which was filed under section 12-C of the U.P. Panchayat Raj Act, 1947.
(2.) Issues were framed and the issue nos.1 and 2 when were decided, the Court came to a conclusion that the recounting of ballot papers was essential. The order for recounting was passed on 16.11.2018. The petitioner thereafter filed a Revision which was dismissed on 29.11.2018. Aggrieved thereof, the petitioner has filed the instant writ petition.
(3.) Learned counsel for the petitioner has submitted that if the relevant paragraphs being paragraph nos.13 and 14 of the Election Petition were perused, it would become evident that the election petitioner was aggrieved by the fact that one Amar Pal Singh, son of Raj Pal was present at the time of counting on table nos.7, 8 and 9 without any authority. The further allegation was that Amar Pal had influenced the counting of votes. In paragraph 13 of the election petition itself, it was averred that one Devendra Singh son of Sovaran Singh who was a Constable in PAC was also present at the time of counting. Still further it has been averred in paragraph 13 itself that Ram Kumar son of Avneesh Kumar was also present and was unauthorisedly influencing the counting of votes. In paragraph 14 of the election petition, it had been stated that these three persons namely Amar Pal, Devendra Singh and Ram Kumar after using their influence had got the counting of the ballot papers done in such a manner that the election petitioner was declared defeated by Sushil Kumar by one vote.;