Judgment

GAJENDRAGADKAR, J. (on behalf of Sarkar, Wanchoo, Das Gupta, JJ. and himself):

The question of law which this appeal has raised for our decision is in relation to the nature and scope of the enquiry contemplated by Ss. 97, 100 and 101 of the Representation of the People Act, 1951 (No. 43 of 1951) (hereinafter called the Act). The appellant Jabar Singh and the respondent Gandra Lal, besides five others, had contested the election to the Madhya Pradesh Assembly on behalf of the Morena Constituency No. 5. This election took place on February 21, 1962. In due course, the scrutiny of recorded votes took place and counting followed on February 27, 1962. As a results of the counting, the appellant was shown to have secured 5671 votes, whereas the respondent 5703 votes. It is not necessary to refer to the votes secured by the other candidates. After the result of the counting was thus ascertained, the appellant applied for recounting of the votes and thereupon, recounting followed as a result of which the appellant was declared elected having defeated the respondent by 2 votes. The recounting showed that the appellant secured 5656 votes and the respondent 5654. Thereafter, the respo