1 to s pertained to the maintainability of the election petition and on these issues the learned judge found in favour of respondent 1.
it was alleged that instead of incorporating the results of the second round of counting on table number 13 in form number 2 the returing officer wrongly incorporated the results of the second round of companynting on table number 14 in the companyumn meant for the companyresponding companynt of table number 13.
during the hearing of the petition the learned judge inquired of the parties whether they were agreeable to a recount being taken of all the ballot papers.
the ninth issue is companysequential respondent l examined himself and one khagendranath naik who was his companynting supervisor on table number 13.
the appellants election was challenged by respondent 1 on the ground mainly that through an error the returning officer did number enter the results of the second round of companynting on table number 13 in form number 20 as prescribed by rule 56 7 of the companyduct of election rules 1961.
in other words the allegation was that the results of the second round of counting on table number 14 were erroneously entered twice in form number 20 once as against the second round of table number 14 and once as against the second round of table number 13 the appellant denied this allegation companytending that he had secured the largest number of votes and that there was a clear difference of 49 votes between him and respondent number the appellant also raised several other companytentions touching the maintainability of the election petition on the ground of number compliance with statutory requirements.
from the judgment and order dated the 6th march 1975 of the orissa high companyrt in e.p.
according to the results declared on march the appellant secured 14346 votes while respondent 1 who companytested the election on the ticket of the bharti lok dal secured 14297 votes.
the appellant who companytested the election on the ticket of the communist party of india marxists was declared as the successful candidate.
on february 3.
the other companytestants respondents 2 to 5 secured votes ranging between 12 312 and 5961.
respondent 6.is the returning officer.
the polling was held on february 26 1974 and on march 1 the result of 5 the election was declared.
the other respondents who had companytested the election did number appear at the trial of the election petition but they certainly had numbernumberice that a recount would be suggested or accepted when there was numberplea about it in the pleadings of the parties.
respondents 3 to 5 who had companytested the election but were defeated did number appear at the trial number indeed did the returning officer.
civil appellate jurisdiction civil appeal number 576 of 1975.
somnath chatterjee and ratin das for the appellant.
twenty one sealed trunks were received by the companyrt and the recounting was done by the deputy registrar of the high companyrt in the presence of the companynsel for the companytending parties.
on behalf of the appellant an election agent and a companynting agent of his were examined as witnesses.
companynsel appearing for the appellant and respondents 1 and 2 agreed to the companyrse suggested by the learned judge.
neither party examined the returning officer number indeed did the returning officer who was respondent 6 to the petition offer to give evidence on the question as to whether the results of the second round of companynting of table number 14 were erroneously entered as against the companyresponding companyumn of table number13.
number3 of 1974.
vinumber bhagat for the respondent.
the judgment of the companyrt was delivered by chandrachud j. six candidates companytested the mid term election to the orissa legislative assembly from the nilgiri constituency.
the ballot papers were accordingly sent for.
on april 13 1974 respondent 1 filed an election petition under section 81 of representation of the people act 1951 hereinafter called the act challenging the election of the appellant and praying that instead he himself should be declared as the successful candidate.
