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1959 Supreme(All) 93

O. H. MOOTHAM, RAGHUBAR DAYAL
SWARUP SING – Appellant
Versus
ELECTION TRIBUNAL, MUNICIPAL BOARD, ALIGARH – Respondent


Advocates Appeared:
K.B.L.GAUR, S.C.KHARE, S.N.Dwivedi


( 1 ) I agree that this petition must be dismissed. The question is whether the five ballot papers which had been marked on the back are valid. The circumstances in which the question arises are, it is to be hoped, most unusual. On the face of these ballot papers are printed four vertical columns headed respectively (in Hindi) Serial number; Names of candidates with party affiliation, if any; Facsimile of symbols assigned; and Space for marking. On the back of the form is printed the number of the form and the instructions for voters. In the case of each of these ballot papers, with the doubtful exception of ballot paper No. 140, the ink used for impressing on the face of the ballot paper the vertical and horizontal lines, the names of the candidates and the symbols has penetrated the ballot papers with the result that everything printed on the face of the ballot papers appears also on the back of it, although of course the order of the columns, the symbols and the names of the candidates are reversed. The symbols are perfectly clear, but the names of the candidates cannot be read as each letter is reversed. A literate voter would therefore be able to distinguish between the front




















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