Judgement

CHANDRACHUD, J.:- Six candidates contested the mid-term election to the Orissa Legislative Assembly from the Nilgiri constituency. The polling was held on February 26, 1974 and on March 1 the result of the election was declared. The appellant who contested the election on the ticket of the Communist Party of India (Marxists) was declared as the successful candidate. According to the results declared on March 1, the appellant secured 14346 votes while respondent 1 who contested the election on the ticket of the Bhartiya Lok Dal secured 14297 votes. The other contestants, respondents 2 to 5, secured votes ranging between 12,312. and 5961. Respondent 6 is the Returning Officer.

2. On April 13, 1974 respondent 1 filed an election petition under Section 81 of Representation of the People Act, 1951 (hereinafter called "the Act") challenging the election of the appellant and praying that, instead, he himself should be declared as the successful candidate. The appellant s election was challenged by respondent 1 on the ground, mainly, that through an error the Returning Officer did not enter the results of the second round of counting on Table No. 13 in Form No. 20, as prescribed b