Judgment

WANCHOO, J. : This is an appeal on a certificate granted by the Allahabad High Court and arises in the following circumstances. An election was held for one seat to the U. P. Legislative Council from the Rohilkhand Graduates Constituency on April 22, 1962. There were 14 candidates, and election was held in accordance with the system of proportional representation by means of single transferable vote. Totalnumber of votes cast were 4412 and 2207 first preference votes were required to secure the return of any candidate at the first count As no candidate secured the minimum votes at the first count, subsequent counts had to be made excluding the candidate who had received the lowest number of votes on each count. Eventually, Satya Ketu respondent got the highest number of votes after the last count and he was declared elected by margin of 47 votes. Thereupon the appellant filed an election petition claiming that a declaration be made that the election of Satya Ketu was void and that the appellant was duly elected from this constituency. The basis of the appellant s claim was that in valid votes had been counted in favour of Satya Ketu inasmuch as ballot papers on which figure