JUDGMENT

Rajendra Babu, J. -Respondent No. 1 was declared elected from the 51, Dasuya Assembly Constituency to the Punjab Vidhan Sabha in the election held on February 7, 1997. The appellant secured 31,701 votes, while respondent No. 1 secured 31,754 votes. The appellant raised an election dispute by filing a petition in the High Court of Punjab and Haryana for a declaration that the election of respondent No. 1 is void and that the appellant is duly elected as he has secured majority of the valid votes.

2. The appellant in his petition before the High Court set out that the counting of votes cast in the said election was conducted in a hall measuring 78 ft. by 23 ft. There were 14 counting tables in addition to a separate table for the Returning Officer. All the ballot papers were put in a huge box and were mixed and, thereafter, packets of 25 ballot papers in each packet were made. In each round 40 packets of 25 ballot papers each were entrusted to the staff at the counting tables. The staff consisted of five persons including a Supervisor. In the first five rounds 1,000 ballot papers were given on each table and in the sixth round 1,000 ballot papers each were entrusted to the pe