JUDGEMENT :- This is a miscellaneous election appeal filed under Section 46 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as 'the Act') and is directed against the order of the learned Munsiff Magistrate. Beawer dated 3rd June, 1972, whereby the learned Munsiff allowed the election petition of respondent No. 1 and set aside the election of the petitioner and in his place declared respondent No. 1 as duly elected member of the Beawer Municipal Council from Ward No. 2 thereof.

The general election for Beawer Municipal Council were held on 25th Oct, 1970. Petitioner Lala Maharaj and respondent No. 1 were the candidates from ward No. 2 and both of them secured equal votes i.e. 320 votes each. The Returning Officer after drawing lots under clause 56(c) of the Rajasthan Municipalities Election Order, 1960, declared Lala Maharaj as duly elected candidate from ward No. 2 of the Municipal Council, Beawer. The election of Lala Maharaj was then challenged by respondent No. 2 mainly on the ground that one of the votes was illegally accepted and counted in favour of Lala Maharaj and therefore, his election may be declared as void and in his place Ramcharan, who was