( 1 ) IN this Election Petition under Secs. 80 and 80-A read with Secs. 100 and 101" of the Representation of People Act, 1951 (for short the Act) the petitioner has challenged the election of Gujarat State Assembly for 101 Vadgam Assembly constituency held on 20. 2. 1995 by praying for a relief of recounting of the votes cast in election and a further relief of declaration that the said election is void and in alternative to declare the petitioner as elected in the said election from the aforesaid constituency.

( 2 ) THE allegations on which the petitioner has claimed aforesaid reliefs may briefly be reproduced from the petitioners election petition :the petitioner being a registered voter No. 354/83 x 188 in 98 Deesa Assembly constituency and being a member of Scheduled Caste (Chamar by caste) contested the election as one of the candidates. The date of the poll was 28. 2. 1995 and the date for counting of votes was 11. 3. 1995. The result declaring the respondent No. 1 elected was declared on 12. 3. 1995.

( 3 ) IT is the case of the petitioner that the petitioner was contesting the aforesaid election as an independent candidate out of the 10 contesting candidate