Judgment

BACHAWAT, J. :- Shankar Babaji Savant and Sakharam Vithoba Salunkhe were candidates for election to the Maharashtra Legislative Assembly from the Mahad Constituency. There were four other candidates in the field. Savant and Salunkhe got equal number of valid votes. The other candidates got much lesser votes. The Returning Officer drew lots and declared Savant duly elected. Salunkhe filed an election petition claiming that the election was void, and that he, having received the majority of the valid votes, should be declared duly elected. The Election Tribunal at Alibag dismissed the petition. On appeal, the Bombay High Court declared that the election of Savant was void, and dismissed the rest of the claim made by Salunkhe. Savant now appeals by special leave. The High Court rejected Savant s preliminary contention that the first appeal was not maintainable on account of non-compliance with the provisions of S. 119A of the Representation of the People Act, 1951. This contention is no longer pressed before us.

2. The complaint of Salunkhe that the Returning Officer improperly received and counted in favour of Savant a postal ballot paper with the writing "Shankar Babaji Savan