JUDGMENT

This election appeal arises out of the election held in 1980 from the constituency No. 56 called Hathin to the Legislative Assembly of the State of Haryana. At the counting held by the Returning Officer the appellant secured 12,828 votes whereas respondent No. 1 Khillan Singh got 12,655 votes and one Ramjilal got 12,213 votes, Accordingly the appellant was declared as elected. Aggrieved by the result of the election, Khillan Singh and Ramjilal filed election petitions in the High Court. In the course of the election petition, the appellant filed a recrimination petition in which one of the grounds related to the errors committed in the counting of votes of respondent No. 1. All the parties agreed that, the court should order a recount and that the parties would be bound by the result of the recount. The recount was accordingly held as a result of which Khillan Singh respondent No. l got 12,751 i.e. the highest number of valid votes and the appellant got 12,698 votes. In view of the higher votes secured by Khillan Singh respondent No. 1 at the recount ordered by the High Court, his petition was allowed, the election of the appellant was set aside, and Khillan Singh was dec