Judgment

A. VARADARAJAN, J. (For, himself and on behalf of S.M. Fazal Ali, J.): - This appeal is directed against the judgment of the Punjab & Haryana High Court allowing Election Petition 6 of 1982 filed by respondent 1.

2. The appellant, Bhag Mal, was declared elected as a Member of the Haryana Legislative Assembly (Vidhan Sabha) from No. 3, Sadhura Scheduled Caste reserved constituency in the election held on 19-5-1982. The contest was between the appellant and 12 others including respondent 1, Parbhu Ram, who was the election petitioner, The appellant secured 20981 votes while respondent 1 secured 20971 votes and he was declared to have been elected. Respondent 1 challenged the election of the appellant on the ground that the counting was not proper and invalid and he prayed not only for recounting of the votes but also for declaration that he is the duly elected candidate.

3. Respondent 1 alleged in the election petition that the Returning Officer initially ordered the recount of the ballot papers of himself and the appellant in respect of all the booths after a sample checking but on the application of the appellant that the ballot papers of all the candidates should be recounte