1. This petition raises question regarding the validity of one vote cast in favour of the petitioner. The said vote was rejected under Rule 11 of the M.P. Municipalities (President and Vice President) Election Rules, 1962. Rule 11 reads as under:-

"11. Procedure upon opening each ballot box and counting of votes-

The presiding officer shall then open the ballot box and proceed to scrutinise the ballot papers. If there is more than one cross against one name or there is any mark or sign, on a ballot paper, by which the voter can be identified, such ballot paper shall be considered invalid and shall not be counted. The decision of the presiding authority shall be final in this respect. The valid votes shall then be counted by the presiding authority and the ballot paper arranged in respect of each candidate."

2. The elections of Municipal Council, Gadarwara were held and the petitioner was elected councillor. The election to the post of President, Municipal Council was held on 29.12.94. The two candidates received ten votes each. Out of 21 councillors who had participated, one vote was rejected on the ground that it was invalid under Rule 11. There was a tie between the petitioner