1. The petitioner has filed this election petition under Section 81, 82, 84, 100 & 101 of the Representation of People's Act, 1951 for setting aside of the election held on 29th November, 2008 for the post of Member of Legislative Assembly of Delhi from Assembly Constituency No.66, Ghonda, Delhi. As per the results of the said election declared on 8th December, 2008, a total of 91596 votes were cast with the respondent no.1 securing 35226 votes and the petitioner securing 34646 votes and the balance 21724 votes were secured by the respondent no.2. The margin by which the respondent no.1 won over the petitioner was thus of 580 votes.

2. Though the petition has been filed on several grounds but one of the grounds is of improper rejection of valid votes which under Section 100 of the Act is a ground for setting aside of the election. It is inter alia the plea of the petitioner that as per the copies of Form 17C under the Conduct of Election Rules 1961 supplied to the polling agent of the petitioner in terms of Rule 49(S), a total of 94222 votes were cast; the same figure was also published in the newspapers on 1st December, 2008. It is thus the case of the petit