M. S. LIBERHAN, C. J.

( 1 ) IN these two Writ Petitions, the petitioners who have contested in the general Election pertaining to 185-Nandikotkur Assembly Constituency as independent candidates have sought for a Mandamus to the respondents to permit the counting agents on their behalf in the counting hall at the time of counting of votes on 6-10-1999 in respect of the said Constituency, on the apprehension that they will not be permitted to take the counting agents.

( 2 ) CURIOUSLY, no order rejecting the representations of the petitioners has been produced. Further, the counting is scheduled to be held on 6-10-1999. The Returning Officer, being the administrative head for the supervision and conduct of elections of the constituency, taking into account the exigencies such as space available, number of counting agents to be allowed in the counting hall and other aspects, will take appropriate decision regarding the grant of permission to allow the counting agents in the counting hall. The returning Officer has not taken any such decision in the matter and there is still time for taking decision in the matter.

( 3 ) THE learned Counsel for the petitioners have vehemently argued that

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