Judgment

HEGDE, J.:- This is an appeal under S. 116-A of the Representation of the People Act, 1951 (in short the Act ) brought by the returned candidate whose election from the Mariahu constituency in the district of Jaunpur, in the last mid term election to the U. P. Legislative Assembly, has been set aside by the High Court of Allahabad in an election petition brought by the first respondent in this appeal, who will hereinafter be referred to as the respondent.

2. The appellant, the respondent and five others contested from the Mariahu constituency in the last mid term election. Polling took place on February 5, 1969. The votes were counted on February 10, 1969 and the result was declared on the same day. The Returning Officer declared the appellant to be the successful candidate as having secured 25,552 votes as against 25,483 secured by the respondent, his nearest rival. Margin of difference between the two was 69 votes. After the counting was over, the respondent asked for recounting but that was not granted by the Returning Officer. Thereafter the respondent applied to the Election Commission for inspection of the ballot papers. Inspection asked for was granted and the ballot