SOBHARAM Vs. U.P. ZILA ADHIKARI

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner is the elected candidate having secured 533 votes. Respondent no.2 obtained 527 votes and, being aggrieved, filed an election petition alleging that the voters list contained the name of 41 invalid voters. Objection to that effect was filed and the Election Officer accepted the objection and issued a separate list of 41 persons indicating therein that these persons have no right to vote in the election. This list was also supplied to the Election Officer/ the polling agents. Respondent no.2 contended in his election petition that out of these 41 persons, 38 persons have exercised their franchise and have cast their votes in favour of the elected candidate.

(3.) The elected candidate denied the allegations. The Tribunal, after considering the material evidence on record, summoned the documents and upon comparison found that 30 persons mentioned in the invalid list had exercised their franchise and voted for one party or the other. The tribunal on this basis, found that since these persons had no right to exercise their votes and margin of winning was only six votes, the tribunal declared the election as invalid and directed re-election for the post of Gram Pradhan. The petitioner who is the elected candidate, being aggrieved by the said order, filed a revision, which was dismissed and, consequently, the present writ petition.