Honble CHOPRA, J.—In this case, respondent No.1 Shri R.N. Bishnoi has filed an application that His Excellency the President of India has dissolved the Rajasthan Legislative Assembly vide Notification dated December 15, 1992 published in Rajasthan Gazette Extraordinary dated December 15, 1992 and, therefore, this election petition should be dismissed as having become infructuous.

(2) This election petition is based on the fact that certain irregularities have been committed in the counting. Certain votes which were cast in favour of the petitioner Shri Narendra Singh Bhati have been wrongly counted in favour of respondent No.l and certain votes which were cast in favour of the petitioner have been wrongly rejected and certain votes which were cast in favour of the petitioner were put in the rack of the respondent. Keeping in view all these irregularities in counting, the petitioner made a request for recount of the votes but that request was illegally rejected by the Returning Officer. The petitioner has, therefore, prayed that inspection, scrutiny and recount of all the ballot papers of Osian (189) Legislative Assembly Constituency of Rajasthan be allowed and the election of respon

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