Judgment

The appellant who contested the election as a Marxist (Communist Party of India) candidate for a seat to the Andhra Pradesh Legislative Assembly in the elections held on December 5, 1994, lost to respondent No. 1, who had contested the election as a candidate fielded by Telugu Desam Party by a narrow margin of 87 votes. The appellant filed an election petition challenging the election of respondent No. 1 alleging irregu­larities during counting and sought a recount of votes. The election petition was contested by respondent No. 1 and from the pleadings of the parties, the following issues were framed :

(1) Whether there are any discrepancies in the counting of votes in round Nos. 5, 6, 7 and 9 as alleged as well as in the result sheet supplied?

(2) Whether the Returning Officer has violated the instructions of the Election Commission of India in proceeding with the counting of votes, if so, to what effect?

(3) Whether the result of the election has been materially affected due to any material irregularities?

(4) Whether the election petitioner is entitled to seek recount of votes?

2. After evidence was