Judgment

KANIA, J.:- This is an appeal from a judgment and order delivered by a learned single Judge of the Madras High Court on April 24, 1987* dismissing election petition filed by the appellant. The appellant herein was the petitioner before the High Court and the respondents Nos. 1 to 8 herein were arraigned as respondents in the same order in the election petition. The dispute pertains to the election of six Members to the Rajya Sabha by the Elected Members of the Tamil Nadu Legislative Assembly. The election was held, as scheduled, on june 28, 1986. The appellant and respondents Nos. I to 7 were the eight candidates in the field, all the nominations having been found valid. The 8th respondent was the Returning Officer. The polling took place, as scheduled, on June 28, 1986 and, immediately thereafter, the ballot box was opened and the votes were sorted out. the election was under the preferential system of voting and the particulars of the first preferences votes secured by the candidates are as follows:

* Reported in AIR 1988 Madras 50

Candidates First Preference Votes

1. Appellant 33

2. 1st Respondent 35

3. 2nd Respondent 31

4. 3rd Respondent 33

5. 4th Respondent 32

6. 5th Res