R. L. Khurana, J.: Respondents No. 1 to 7 were the candidates in the election to the 9th Himachal Pradesh Legislative Assembly from 14 - Solan Assembly Constituency. In the elections held on 28.2.1998, respondent No. 1 Ms. Krishna Mohini, who was a Congress candidate, was declared elected. Respondent No. 2 Shri Mohinder Nath Sofat, a candidate of the Bhartiya Janta Party, lost by a margin of 26 votes.

2. The election of respondent No. 1 has been challenged by the two petitioners, who are the voters of 14 - Solan Assembly Constituency and the counting Agent and Election Agent respectively of the respondent No. 2, by virtue of the present Election Petition under Section 100(l)(d)(iii) of the Representation of the People Act, 1951 (for short: the Act), claiming the following two reliefs :- (a) the election of respondent No. 1 from 14-SoIan Assembly Constituency be declared void and set aside; and (b) the respondent No. 2 be declared to have been duly elected from the said constituency under Section 101 (a) of the Act.

3. According to the petitioner, during the course of second recount 45 valid votes polled in favour of respondent No. 2, despite protests, were wrongly and illegal