ORDER:- This election petition has been filed by Ram Harsh Misra to challenge the election to the U. P. Legislative Assembly from Constituency No. 148 known as Mahsi Constituency District Bahraich that was held on 26-2-1974. This election was contested by the petitioner and the respondents Nos. 1 to 9. The respondent No.1 Sukhadraj Singh having secured the largest number of votes i.e.. 16486 was declared elected. The petitioner lagged behind him by 33 votes having secured 16453 valid votes.

2. The election has been challenged mainly on the around that the courting of votes was not done properly. It was alleged that the size of the counting tables was small and when ten counting agents one of each candidate and three members of the courting staff sat around it there was great overcrowding. It was not possible for the counting agents to watch the ballot papers closely and see if they were being properly sorted out and kept correctly in the trays meant for each candidate. The counting was also done hurriedly. The counting was done in five rounds. The total number of rejected ballot papers was 2039 and the rejection was also done in a mechanical manner. The counting of first and second

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