( 1 ) WE have heard Sri Avanish Mishra learned counsel for the appellant-writ petitioner, Shri S. P. Singh learned counsel for the respondent No. 5 and Shri Ran Vijay Singh learned Standing Counsel for the other respondents.

( 2 ) THIS special appeal is directed against the judgment and order dated 21-1-2002 passed by the learned single Judge dismissing the writ petition. In the writ petition, the writ petitioner-appellant has challenged the order of the Sub-Divisional Magistrate directing for recounting of the votes.

( 3 ) IT is the contention of the writ petitioner that he has won by eight votes whereas the dispute raised by the respondent No. 5 herein, is with regard to two votes. The contention of Mr. S. P. Singh learned counsel for the respondent No. 5 is that there was inaccuracy in mathematical calculation, which resulted in apparent error of two votes, inasmuch as, in all, 1166 number of votes were shown to be polled whereas actually 1168 number of votes were polled.

( 4 ) WE have considered this aspect of the matter. Even assuming the contention of Mr. S. P. Singh to be correct if the two votes are taken into account the result of the election will not mate