JUDGMENT - Abhyankar, J.

1. The petitioner by this petition under Article 227 of the Constitution challenges the order of the Extra Assistant Judge, Akola, as an Election Tribunal, setting aside the election of the petitioner as a member to the Municipal Council, Akot from Ward No. 15 held recently.

2. An election programme for electing members from different wards to the Municipal Council at Akot under the provisions of the Maharashtra Municipalities Act, 1965, was fixed by the authorities in 1967. The dates for acceptance of nomination papers was 10th May 1967, scrutiny was on 13th May 1967, date for withdrawal was 20th May 1967, poll was taken on 4th June 1967 and the votes were counted and the results declared on 5th June 1967 . The petitioner and the first respondent were the only contesting candidates from Ward No. 15. On a scrutiny and counting of ballot papers, it was found that each of them, that is, the petitioner and the first respondent, had secured 320 valid votes. Under Rule 58 of the Maharashtra Municipalities Election Rules, 1966 if after the counting of the votes is completed an equality of votes is found to exist between any candidates and the addition of one vote

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