Election Petition dismissed by Deputy District Magistrate as petitioner failed to establish her case, writ rejected for lack of merit

Allahabad High Court: The writ petition was filed before a Single Judge Bench comprising of Salil Kumar Rai, J., against judgment and order passed by Deputy District Magistrate where an Election Petition filed by petitioner was dismissed.

Facts of the case were that one of the respondents was the elected Gram Pradhan of the village, against whose election, petitioner filed an Election Petition. In the election petition, the remedy sought by petitioner was the recounting of votes after which the election of respondent was to be set aside and petitioner was to be declared elected. The Deputy District Magistrate dismissed the Election Petition stating that petitioner failed to establish her case.

Petitioner contended that she received 233 votes and the Returning Officer had shown petitioner to have received only 184 votes declaring rest 49 votes polled in favour of the petitioner as invalid. Election petition stated that it was due to the above invalidation of votes respondent won the election with 195 votes.

High Court was of the view that judgment and order passed by the Magistrate gave reasons for dismissal of the petition and all the evidence submitted by petitioner was considered by Magistrate. Therefore, Court dismissed this writ for lack of merit. [Sutura Devi v. State of U.P.,2018 SCC OnLine All 1564, order dated 27-09-2018]

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