at the said election following six persons were the candidates shri dhara singh shri pitam singh shri mahabir singh shri sham singh shri kalloo singh shri budh singh after following the instructions companytained in schedule ii the returning officer found that dhara singh and pitam singh had obtained equal number of votes and chose to draw a lot and declared pitam singh as the elected candid ate.
act number xxxiii of 1961 hereinafter referred to as the act.
dhara singh thereupon filed an election petition under the act and the rules raising a number of points.
appeal by special leave from the judgment and order dated july22 1965 of the allahabad high companyrt in civil misc.
the relevent facts are that election for the office of pramukh of block jani was held on july 8 1962 under the provisions of uttar pradesh kshettra samitis and zila parishads adbiniyam 1961 u.p.
grounds on which a candidate other thin the returned candidate may be declared to have been elected if any person who has lodged an election petition has in addition to calling in question the election of the returned candidate claimed a declaration that he himself or any other candidate has been duly elected and the judge is of the opinion that in fact the petitioner or such other candidate received a majority of the valid votes the judge shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate as the case may be to have been duly elected provided that the petitioner or such other candidate shall number be declared to be duly elected if it is proved that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election.
writ petition number 75 of 1964.
civil appellate jurisdiction civil appeal number 2232 of 1966.
226 of the companystitution filed by dhara singh appellant before us.
d. sharma for respondent number 2.
dhara singh had prayed for a writ order or direction in the nature of certiorari quashing the judgment of the district judge meerut dismissing the election petition filed by dhara singh challenging the election of pitam singh to the office of pramukh block jani on july 8 1962.
c. agarwala anil kumar and shiva pujan singh for the appellant.
the judgment of the companyrt was delivered by sikri j. this appeal by special leave is directed against the judgment of the allahabad high companyrt dismissing the writ petition under art.
