Judgment

WANCHOO, J. : These appeals on certificates granted by the Punjab High Court arise out of an election to the Council of States by the Punjab Legislative Assembly and will be dealt with together as they arise out of two separate election petition by two persons, challenging the election at the same person.

2. There was an election to the Council of States by the Punjab Legislative Assambly in March 1962. There were a number of candidates for three seats which had to be filled. In the present appeals we are concerned with two candidates, namely, Dr. Anup Singn appellant and Shri Abdul Ghani respondent. Two of the seats were filled by Shri Chaman Lal and Shri Surjit Singh. Though originally their election was also challenged, that is not in dispute now. The position with respect to Dr. Anup Singh and Shri Abdul Ghani on first preference votes (the election being on proportional representation) was that Dr. Anup Singh got 36 votes and Abdul Ghani 35 votes. Thereafter preferences were transferred and Dr. Anup Singh got 36.3 votes andI Shri Abdul Ghani 35 votes. In consequence Dr. Anup Singh was declared elected along with the other two candidates whose election is not now in dis