JAGAT NARAYAN, J.—This is a petition under Art, 226 of the Constitution by Shiv Kishan whose election to the office of Sarpanch of Malar Panchayat was set aside by Munsif, Phalodi, acting as a Tribunal under R. 71 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules 1960,, on an election petition filed by Radha Kishan respondent No. 1. The petition has been opposed on behalf of Radha Kishan.

2. The election to the office of Sarpanch of Malar Panchayat was contested by Shiv Kishan and Radha Kishan. Shiv Kishan was declared as duly elected by the Returning Officer. According to the counting made by the latter Shiv Kishan polled 571 valid votes,, Radha Kishan polled 563 of them and 31 votes were rejected as invalid. On 25-1-65 Radha Kishan filed the present election petition challenging the election of Shiv Kishan inter alia on the ground that a number of invalid ballot papers were counted as valid votes in favour of Shiv Kishan. It was stated that these ballot papers were invalid because they bore seal marks against another candidate besides Shiv Kishan. Further it was stated that it was not possible to give the exact number of such invalid ballot papers, but they were approx

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