Judgement

SIKR1, J. :- This appeal by special leave is directed against the Judgment of the Allahabad High Court dismissing the writ petition under Article 226 of the Constitution filed by Dhara Singh, appellant before us. Dhara Singh had prayed for a writ, order or direction in the nature of certiorari quashing the judgment of the District Judge, Meerut, dismissing the election petition filed by Dhara Singh challenging the election of Pitam Singh to the office of Pramukh, Block Jani, on July 8, 1962.

2. Two points were raised before us first, that the District Judge had no jurisdiction to count ballot paper No. 0045 in favour of Pitam Singh and that the returned candidate had no right to claim that ballot papers not already counted in his favour should be so counted; and secondly that, at any rate, the District Judge erred in law in counting ballot paper No. 0045 in favour of Pitam Singh.

3. The relevant statutory provisions are as follows : The election is governed by the provisions of the U. P. Kshettra Samitis (Election of Pramukhs and Up-Pramukhs and Settlement of Election Disputes) Rules, 1962 - hereinafter called the Rules. Rules 37, 39, 40, 43 and 44 are as follows :

"37. Relie