(After stating the fact and some evidence His Lordship proceeded): In connection with the order of the Elcetion Commisioner ordering a repoll confined to one polling station, the argument of Mr. Dhabe is that such an action is not warranted by the provisions of the Representation of the People Act. According to Mr Dhabe, in view of the defect that was brought tot henotice of the polling officer as well as the Returning Officer and to The Election Commission the entire electin to the Parlimentary seats in the constitutency should have been set aside nd a fresh election held. Under S. 57 of the Act, provision is made for the adjournment of poll at an election in certain emergencies. It is not disputed that S. 57 would not apply to the fact of this case. Section 58 provides for a fresh poll being taken and it runs as follows:

""(1) If at any election, any ballto box used at a polling statin or at a place fixed for ht epoll is unlawfully taken out of the custody of the presiding officer or at a place fixed for the poll is unlawfully takenout of the custody of the presiding officer or thereturning officer,or is in any way tampered with,or is accidentallyor intentionall;y destroyed, lost or damaged,and the returning officer is satisfied that in consequence thereof theresultof thepoll at that polling station or place cannot be ascertained, he shall-

(a) declare the polling at that polling station or place of be void;

(b) report the matter fortwith to the Election Commission and to te appropriate authority;

(c) with the previous appproval of the Election Commission, appoint a day, and fix the hours for taking a fresh poll at the polling station or place; and

(d) notify the day so appointed and the hours to fixed by him in such manner as the Election Commission may direct.

(2) The provisionsof the Act and of any rules or orders made there under shall apply to every such fresh poll as they apply to the original poll . It cannot be denied that the failure of the polling Officer to keep the ballot boxes of the petitioner at the polling station would not be in terms covered by this section. It is only when a ballot of any candidate is unlawfully taken out of the custody of the presiding officer or is in anyway tampered with or is accidentally or interntionally destroyed or lost or damaged and the returning officer is satisfied tht in consequence thereof the result of htepoll at that polling station cannot be ascertained, then a fresh poll may be taken under S. 58 after declaring the polling at that polling statin to be void and with the previous appproval of the Election Commission. But it does seem that even where there is a more serious interference witht he ballot box of a candidate a fresh poll can be ordered only for that particular polling station where the ballot box is found to have been tampered with or destroyed. The Election Tribunal was of the view that the principle of this section could be applied in the present case where an accountof the wrong information given tot he poling offcer the ballot boxes in the names of the two candidates were no kept til 11.30 a. m. at the polling booth and, therefore, the order of the ElectionCommision would be justified on the principles of equity, fiar play and natural justice. Threr is undoubtedly a good deal to be said in favour of this view. Mr. Chari, learned Counsel apperaing on behalf of the respondents, also relied on Art. 324. (1) of the Constitution in support of the action of the Election Commission. Under the article.

""the superintendece, direction and control of the preparationof the electoral roll for, and the conduct of, all elections to Parliment and to the Legislature of every State and of electons to the officer of President and Vice-president held under this Constitution, including the appontment of election tribunals for the decision of doubts and dispute arising out of or in connection with elections to Parliment and to the Legislatures of States hall be ve3sted in a Co