Hon’ble Tarun Agarwala, J.—The petitioner is the elected candidate who is aggrieved by the order of the Election Tribunal allowing recounting of the votes. The defeated candidate being aggrieved filed an election petition.

2. In paragraph 4, 5 and 6 of the election petition, the candidate has given various irregularities committed in the reception of the votes and in the recounting of the votes, namely, that the seal of the ballot boxes was found to be broken and that invalid votes were counted in favour of the elected candidate and that 20 votes of the defeated candidates were added in the valid votes of the elected candidate and that there were irregular counting of the ballot papers which resulted in the declaration of the result in favour of the petitioner. It was alleged that the defeated candidate had secured 950 votes but was only shown to have secured 458 votes whereas if the votes were recounted, the defeated candidate would have secured 40 more votes than the petitioner.

3. The elected candidate denied the allegations. Evidence was led and the witnesses were duly examined and cross-examined.

4. The Election Tribunal, after considering the material evidence on reco