P. RAMACHANDRA RAJU, J.

( 1 ) THE first respondent in Election Petition No. 15 of 1995 is the petitioner. The Election Petition was filed for ordering inspection, scrutiny and recount of the ballot papers polled during the election to 207 Himayatnagar Assembly Constituency held on December 1, 1994, and for other reliefs, mainly on the ground that the agents of the petitioner had no opportunity to watch the scrutiny of ballot papers and the counting process; that several ballot papers were accepted in favour of the first respondent which do not have the signature of the Presiding Officer, or otherwise wrongly counted, while several ballot papers were wrongly rejected from counting in favour of the petitioner either on the ground that the mark is not distinguishable or that the mark is overlapping or it was affixed partly only, in relevant column, noticed discrepancy in the total count of ballot papers including the postal ballots; no test check was conducted by the Returning Officer properly, several ballots which do not contain the signature of the Presiding Officer were counted in favour of the respondent in almost all the rounds, the objections raised by the counting agents were t

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