JUDGMENT

SEN, J.-

The appellant, Jagjit Singh, has challenged the result of the election to the Haryana Legislative Assembly at Charkhi Dadri Constituency. The polling took place on 20-5-1991. The results were declared on 17-6-1991. Dharam Pal Singh was declared elected having secured 20,918 votes as against 20,838 votes polled for Jagjit Singh, the appellant herein. Having lost by a narrow margin of 80 votes, Jagjit Singh presented an election petition in the High Court of Punjab and Haryana at Chandigarh, challenging results declared and demanding a re-count of votes cast. The controversy before the trial court has been summarised by the trial Judge in the following manner:

"The case, as set out by the petitioner is that the counting arrangements were so made that no effective vigilance of the process of counting was possible, resulting in grave irregularities to his detriment like large-scale rejection of valid votes cast in his favour, many of his votes being rendered missing, besides virtual booth capturing of polling booth 15-A.

One of the other respondent, namely, Gobind Ram Garg filed a return seeking to endorse the stand of the petitioner.

The returned candidate, on his part,