B. J. DIVAN, C. J.

( 1 ) THIS writ appeal is preferred by the original petition against the judgment and order of our learned brother, Gangadhara Rao, J. in Writ Petition No. 840 of 1975. In this judgment, we will refer to the appellants as the original petitioner and the respondents according to their array in the original petition.

( 2 ) THE facts giving rise to this litigation are as follows: Election for the Agricultural Market Committee, Chittoor was held on 5/08/1974. Seven persons contested the election. Two of the candidates got 138 and 131 votes and they were declared as duly elected. The petitioner, the 3rd respondent and one S. Srinivasulu Chetty got 96 votes each. Thereafter as provided by the relevant rules, lots were drawn and the petitioner was declared elected as a result of the drawing of the lots. Thereafter, the 3rd respondent filed an election petition before the Election Tribunal set up under the relevant rules and the petition was allowed. In the election petition, it was held by the authority concerned viz. the Election Authority and Director of Marketing, that the votes should be recounted and at the recounting of votes, the petitioner was declared to have r

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