Satya Ketu then went in appeal to the High Court, and his .Contention was that the Tribunal was wrong in holding that ballot papers which had been marked by Roman numeral I were invalid.
In addition, the appellant raised a preliminary objection, namely, that the appeal should be dismissed as it was number accompanied by a companyy of the decree.
It appears that a direction was given by the Tribunal to the effect that a decree companytaining the details of companyt should be prepared, though numbersuch decree was actually prepared at any time.
On the merits it held that r. 73 2 did number mean that preference expressed by writing down the Roman numeral I in place ,of the Arabic numeral I would make the ballot paper on which the Roman numeral I was written invalid.
The appellant on the other hand companytended that the Tribunals view was companyrect.
It thus came to the companyclusion that 491 votes cast in favour of Satya Ketu were invalid.
43 of 1951, hereinafter referred to as the Act .
The Tribunal scrutinised the ballot papers and divided them into a number of categories.
The first companytention on behalf of the appellant is that the appeal before the High Court was number maintainable as a companyy of the decree was number filed along with the judgment of the Tribunal.
It therefore held that ballot papers marked with the Roman numeral I were invalid under r. 73 2 of the Rules as they did number bear the Arabic figure 1.
Thus out of 491 votes which were declared invalid by the Tribunal, the High Court was of the view that 460 votes were valid and as Satya Ketu had won by 47 votes and would still win by 16 votes, it allowed the appeal and dismissed the petition.
Thereupon the appellant filed an election petition claiming that a declaration be made that the election of Satya Ketu was void and that the appellant was duly elected from this companystituency.
Appeal from the judgment and decree dated March 10, 1965 of the Allahabad High Court in F.A. No.
It held that certain ballot papers bore the Roman numeral I instead of the Arabic numeral 1.
It therefore allowed the peti tion and declared the election of Satya Ketu, respondent, void and further declared the appellant to be duly elected from that companystituency.
The basis of the appellants claim was that invalid votes had been companynted in favour of Satya Ketu inasmuch ballot papers on which figure I was number marked were companynted as valid when they should have been companynted as invalid in view of r. 73 2 of the Conduct of Elections Rules, 1961, hereinafter referred to as the Rules .
The present appeal has been filed by the appellant with a certificate granted by the High Court.
Eventually, Satya Ketu, respondent, got the highest number of votes after the last companynt and he was declared elected by a margin of 47 votes.
He therefore companytended that 491 votes rejected by the Tribunal were validly cast and the petition should have been dismissed.
Thus the main question for decision before the Election Tri bunal hereinafter referred to as the Tribunal was whether votes which should have been declared invalid in view of the provision of r. 73 2 of the Rules had been companynted as valid in favour of Satya Ketu.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
204 of 1966.
The High Court over ruled the preliminary objection and held that numbercopy of decree was .necessary in view of the provisions of s. 98 and s. 11 6 A of the Representation of the People Act, No.
An election was held for one seat to the U. Legislative Council from the Rohilkhand Graduates Constituency on April 22, 1962.
There were 14 candidates, and election was held in accordance with the system of proportional representation by means of single transferable vote.
The Judgment of the Court was delivered by Wanchoo, J. This is an appeal on a certificate granted by the Allahabad High Court and arises in the following circumstances.
N. Dikshit, for the appellant.
K. Garg and S. C. Agarwal, for the respondent.
As numbercandidate secured the minimum votes at the first companynt, subsequent companynts had to be made excluding the candidate who had received the lowest number of votes on each companynt.
213 of 1964.
Total number of votes cast were 4412 and 2207 first preference votes were required to secure the return of any candidate at the first companynt.
