The appellants were declared elected.
The unsuccessful Jan Sangh candidates have challenged the validity of the election of the appellants.
The main ground pleaded in support of the election petition was that the ruling party had rigged the election.
The process adopted in rigging the election, according to the election petitioners is a somewhat companyplicated one.
Appeals by special leave from the judgments and orders dated September 3, 1971 and August 6, 1971 of the Delhi High Court in I.A. No.
That process was explained to us thus Millions of ballot papers were chemically treated the symbol of the companygress candidates in those ballot papers was mechanically stamped by using invisible ink.
D. Chawla, B. P. Nanda and J. B. Dadachanji, for the appellant in C.A. No.
6 in both the appeals .Respondent No.
1343 of 1971 .
147 3 of 1971 P. Joshi, for respondent No.
As a result of the chemical treatment of those ballot papers, the mark put at the time of the polling disappeared after a few days and the stamping mechanically placed earlier emerged.
Nor was any application made for re companynting.
2 of 1971.
Before the trial of the election petition, the election petitioners filed an application to inspect the ballot papers.
V. Gupte, U. M. Trivedi, S. N. Marwah, R. P. Bansal,B. Sabarwal, N. M. Ghatate and K. C. Dua, for respondent No.
The Judgment of the Court was delivered by Hegde, J. These appeals by special leave arise from the decision of Andley J. Delhi High Court permitting inspection of the ballot papers polled during the last general election to the Lok Sabha held last March in the South Delhi Constituency and the Delhi Sadar Constituency.
In the affidavit filed in support of the petition, the election petitioner claimed to have been present on one of the days when companynting went on and thus came to know about the improper acceptance and rejection of ballot papers.
1473 of 1971 .
8 appeared in person in both the appeals .
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The High Court allowed the inspection and permitted the scrutiny solely on the basis of the allegations in the election petition and the affidavit filed by the petitioner.
This was number a claim put forward in the election petition.
B. Agarwala, S. N. Marwah, B. P. Bansal A. K. Marwah and C. Dua, for respondent No.
Their symbol was company and calf.
This Court came to the companyclusion that relevant allegations were vague and indefinite they were number supported by material facts and there was numberbasis for companying to the companyclusion that inspection of the ballot papers was necessary for doing justice between the parties.
All the selected ballot papers at the first instance be examined by the learned judge with the assistance of the Counsel for the parties as well as the parties.
1 of 1971 and Election Petition No.
1343/71 .
They company tested in the two companystituencies mentioned earlier on behalf of the ruling Congress party.
1 in C.A. No.
The appellants are the successful candidates.
K. Daphtary, M. C. Bhandare and C. M. Oberoi, for the appellant in C.A. No.
1343 and 1473 of 1971.
1 in C.A. No.
Their nearest rivals were the Jan Sangh numberinees whose symbol was Deepak.
1170 of 1971 in Election Petition No.
