Judgment

D. A. DESAI, J.

( 1 ) AN unsuccessful candidate for election to Council of State (Rajya Sabha) at the election held on 28/03/1979, is the appellant. At the biennial election for electing members to Council of States from the constituency of elected members of the Uttar Pradesh Legislative Assembly, 19 candidates including the appellant and the 1st respondent were duly nominated as candidates. 11 members were to be elected. Election was to be held as mandated by Clause (4) of Article 80 of the Constitution in accordance with the system of proportional representation by means of the single transferable vote. After the poll was closed according to the time prescribed by the Election Commission under Section 56 of the Representation of the People Act, 1951 (1951 Act for short), the Returning Officer, R. W. 4 Satya Priya Singh commenced counting of votes. As the election was to be in accordance with the system of proportional representation by means of the single transfarable vote, the Returning Officer as required by Rule 76 of the Conduct of Election Rules, 1961 (rules for short), proceeded to ascertain the quota. In all 421 members exercised the franchise. Eleven ballot papers