S.N. BHARGAVA, J.— This is a writ petition filed by the Sarpanch of Gram Panchayat Koluwa, in district Dholpur. The election for the post of Sarpanch were held on 17/12/81 and the petitioner was declared elected, having obtained 586 votes, whereas respondent Shiv Singh secured 534 votes and respondent Shyam Lal secured 250 votes and 64 votes were rejected An election petition was filed by Shiv Singh, defeated candidate, under Rule 78 of the Rajasthan Panchayat & Nyaya Panchayat Election Rules, 1960 with the allegations that 78 votes have been unauthorisedly counted. The allegations in the petition were that only two ballot boxes were kept and when on initial counting it was found that Shiv Singh has got 534 votes, whereas Ratan Singh has got 508 votes. Another ballot box containing 78 ballot papers were opened and counted and the result was announced as given above. Some other allegations were also made about defect in counting. The petitioner as well as the Returning Officer filed reply to the election petition and asserted that there was no mistake in counting and that counting was absolutely proper and in accordance with law. Issues were framed and one of die issue No. 8 was as

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