Judgment

P.K. Balasubramanyan, J.—Leave granted.

1. Elections to the Pune Municipal Corporation were held on 10.02.2002 and 03.03.2002. Election to the ward Prabhag 7A Pashan was held on 03.03.2002. The appellant and respondent No.1 before us were the main candidates. On 5.3.2002 the counting took place. The appellant was declared elected by a majority of 13 votes. At the counting it was announced that the total number of votes polled were 15,288; 828 votes were invalid, 5 were tendered votes and the total valid votes polled were 14,455. The appellant was declared to have secured 5,607 votes whereas respondent No.1 was declared to have secured 5,594 votes. Consequently, the appellant was declared elected.

2. On 15.3.2002, respondent No.1 filed EP 21/2002 under Section 16 read with Section 403 of the Bombay Provincial Municipal Corporations Act, 1949 in the Court of Small Causes, Pune challenging the election of the appellant. According to the election petition, the scrutiny and counting of votes were not according to the procedure laid down in the Municipal Corporations Act and the Rules framed thereunder. It was alleged that the ballot papers had first to be segregated with reference