JUDGMENT

S.B. Sinha, J. — Leave granted.

2. Interpretation of Section 94 of the Representation of the People Act, 1951 (for short, the Act) is in question in this appeal which arises out of a judgment and order dated 11.03.2005 passed by a learned Single Judge of the High Court of Andhra Pradesh.

3. An election was held in Musheerabad Assembly Constituency on or about 20.04.2004. For conducting the said election electronic voting machines were used. Whereas the appellant contested as a candidate of Telangana Rashtra Samiti, the first respondent contested the said election as a candidate of Bharatiya Janata Party. Whereas the appellant herein polled 53553 votes; the first respondent polled 53313 votes. The first respondent, thus, lost the election by a margin of 240 votes. An election petition was filed by the first respondent assailing the said election before the High Court of Andhra Pradesh at Hyderabad, which was numbered as Election Petition No. 4 of 2004. In the said election petition, it was inter alia, contended :

"The Petitioner submits that P.S. No. 91 was located adjacent to the Central Election Office of the Petitioner. As already stated several of the party workers a