Judgment

SARKARIA, J. :- Election from 168 Katoria Bihar Legislative Assembly Constituency took place in March, 1972. The poll was held on March 11, 1972 and the votes were counted on March 12, 1972. Respondent No. 1 herein, an independent candidate, was declared elected having secured 16649 votes as against 16074 polled by the appellant, a nominee of Indian National Congress (R). There were three other candidates (Respondents 2 to 4) who secured 2347, 8001 and 1542 votes respectively. The votes rejected as invalid, were 1219.

2. On April 14, 1972, the appellant filed an election petition under the Representation of the People Act, 1951 challenging the election of the returned candidate on the ground that several irregularities and illegalities were committed in the counting of votes.

3. The petition was resisted by the returned candidate. The High Court framed issues, recorded the evidence produced by the parties and held that the allegations had not been substantiated. It declined the request for a recount and dismissed the petition. Hence this appeal by the petitioner.

4. Mr. Prasad, learned Counsel for the appellant contends that the following irregularities illegalities in the cou