Tashi Rabstan, J.

Through the medium of this election petition, the petitioner has challenged the election of respondent No. 6 namely, Surjit Singh to the Jammu and Kashmir Legislative Assembly from Vijaypur Constituency No. 69 the result of which was declared on 28.12 2008.

2. It is averred that respondent No. 6 got 21090 votes whereas petitioner stood second in the fray with 19878 votes, thus losing to respondent No. 6 by a margin of 1212 votes Thus, petitioner has challenged the election of respondent No. 6 mainly on the ground that respondent No. 6 was the beneficiary of not less than 4000 invalid votes which were allowed to cast in the said election by the serious acts of omission and commission on the part of respondents 2 to 4. It is alleged that these votes were allowed to cast by certain polling officers using unlawful means, i.e., allowing such persons to cast their votes having no identity cards; allowing a number of persons to cast votes under disguise identity or having doubtful identity; allowing about 600 persons in Polling Station No. 17 carrying fake identity in the shape of Passports; in certain polling stations there was a clear difference between number