Judgement

SARKARIA, J.:- We have already announced our order in this appeal on the 2nd May 1975.* We now proceed to give our reasons therefor.

* reported in 1975 U. J. (SC) 496.

2. The appellant, Shri Ram Autar Singh Bhadauria, Respondent No. 1 Chaudhari Ram Gopal Singh and Respondents 2 to 11 contested election, as rival candidates from U. P. Legislative Assembly Constituency (No. 293), Sarsaul. The poll was held on 24-2-1974. The appellant was declared elected. The total number of votes polled was 72735. Out of these, the appellant secured 23626 and Respondent 1, his nearest rival polled 23604, the margin being of 22 votes only.

3. Respondent 1 filed an election petition challenging the election of the appellant inter alia on the ground (vide para 9 (1) of the petition) that the result of the election so far as the returned candidate was concerned materially affected by improper reception and rejection of votes and mistakes in counting. It was alleged:

"Para 11 (a). That in a number of polling stations, the instruments supplied to the electors for the purposes of stamping on or near the symbol of the candidate to whom he intends to vote, was seal of Presiding Officer which was meant t