V.L. Bhat, C.J. -- 1. This appeal is directed against the order of the learned single Judge allowing Writ Petition No.7 of 1995, setting aside the election of the 4th respondent in the Writ Petition (appellant herein) as President of Gadar wara Municipality and declaring the writ petitioner (4th respondent herein) as President in his place.

2. General elections to Municipalities in the State under the provisions of the M.P. Municipalities Act, 1961, (for short the Act), as amended by Act No. 17 of 1994, were held in December 1994. The consequential elections to the posts of President and V ice President of Municipalities were also held in the same month. Such election was held with reference to Gadarwara on 29.12.1994, at a meeting of the newly elected Councillors, presided over by the District Collector. The appellant and the 4th respondent contested for the post of President. Twenty-one Councillors were present and cast their vote. Eleven voted for the 4th respondent and ten for the appellant. The Collector declared one vote polled in favour of the 4th respondent herein as invalid on the ground that the particular voter had affixed a circle around the cross-mark required