The petitioner and respondent No. 2 were candidates at the election for the office of Pradhan of Gaon Sabha, Bhaluhi, in the district of Ballia. The petitioner was declared elected having secured 249 votes as against 248 polled by the respondent. Twenty two votes were declared invalid. In the election petition filed by respondent No. 2 under Section 12-C of the U. P. Panchayat Raj Act the main grievance raised was that in fact the petitioners and respondent No. 2 had both secured equal number of votes but as a result of wrong counting the petitioner was declared to have secured one vote more than the election petitioner. The Sub-divisional Officer sent for the ballot papers, ballot paper account, the election return and on recounting which was done in the presence of the parties, it was found that the petitioner and respondent No. 2 had both secured 248 votes and 22 votes were invalid. The Sub-divisional Officer by his order dated 28-11-1974 held the election to be invalid and declared a casual vacancy following the decision of this Court in Raj Mongol Singh v. Sub-divisional Officer 1966 A. L. J. 279. The petitioner has assailed the correctness of the aforesaid deci