For all intents and purposes the Election Petition is over and the order to follow is just a formality to comply with the requirements of law (The Representation of the People Act, 1951) and to put the records straight.

2. Shri Barkat Ullah, one of the contesting candidates of 55 Haja Assam Legislative Assembly Constituency (hereinafter referred as "the constituency)", filed an application under Sections 80-A and 81 of the Representation of the People Act, 1951 (as amended) (hereinafter referred to as "the Act"). The petitioner and six others including Shri Rabindra Nath Malakar, Respondent No. 1, contested for the Assembly Seat from "the constituency," Poll was held on 25-2-1978 and the counting of votes commenced and concluded on 27-2-1978. The Respondent No. 1 was declared elected having secured the highest number of votes, and the petitioner polled the second highest votes. The difference of votes between, the petitioner and the Respondent No. 1 according to the Final Result Sheet (Form No. 20) was shown as 695 but according to the Check Memo the said difference came to 309 votes only. It may be stated here that during the course of the trial of the election proceeding