JUDGMENT

Bharucha, J.-The issue in the appeals and in the special leave petition is the correctness of the result, as declared, of the election to the post of Adhyaksha/President of the Zila Parishad, Shahjahanpur. The election was held under the provisions of the U.P. Zila Parishads (Election of Adhyaksha and Up-Adhyaksha and Settlement of Election Disputes) Rules, 1963 framed under the provisions of Section 237 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961. Rule 26 of the said Rules states that Schedule II thereof sets out the instructions for determining the result of elections.

2. The candidates at the concerned election, held on 22nd May, 1995, were Jivendra, Manvendra and Smt. Gayatri Verma. There were 31 electors, all of whom voted. Jivendra got 10 first preference votes, Manvendra got 14 first preference votes and Gayatri got 7 first preference votes. By reason of the provisions of Schedule II to the said Rules the quota for securing a result was 16, which none of the three candidates secured. Gayatri having secured the lowest number of first preference votes, was eliminated and the second preference votes on her ballot papers were considered. J