Judgment

A.K. Mathur, J.—The appeal is directed against the order passed by the Learned Single Judge of the Patna High Court dated September 26, 2003 wherein the Election Petition filed by the appellant was dismissed with costs of Rs. 1000/-. Hence, the present appeal has been filed by the appellant election petitioner against the aforesaid order.

2. The appellant was a contesting candidate in the State Assembly General Election from 38 Saraiya Assembly Constituency which took place on 17th February, 2000. In that election the appellant lost the election and the respondent No.1 Ram Das Rai was declared elected. Therefore, the appellant filed the petition challenging the aforesaid election on the various grounds i.e. non-compliance of provisions of Act and Rules and also non-compliance of the directions given by the Election Commission of India. But the main ground of challenge was miscounting of ballot papers resulting in not counting the valid votes cast in his favour. The difference of votes between the election petitioner and the returned candidate i.e. respondent No.1 was only 265 votes. Therefore, the appellant prayed that the ­election petition should be allowed and he should b