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27. That the number of votes received and got recorded in the EVM by respective candidates in the aforesaid Assembly segments at the aforesaid counting tables were not correctly incorporated in final tabulation chart in Form-20 which was being prepared at the central table. The petitioner is filing the Photostat copies of final tabulation chart in Form-20 of 312-Mehdawal, 313-Khalilabad and 314-Dhanghata Assembly segments as ANNEXURE-2 to this election petition.
28. That by the aforesaid incorrect incorporation of votes in Form-20 the number of votes, in fact, received by petitioner were reduced at different polling stations and were improperly added in the votes of respondent no. 1 and other candidates. These votes which were wrongly added in the votes of respondent no. 1 and other candidates were not the votes, in fact, received by them but were the votes of petitioner but they were wrongly added and shown for respondent no.1 and other candidates while preparing the Form-20. This was purposely done by the Returning Officer only in order to declare the respondent no. 1 elected in the election who was a candidate of the ruling party in the State. The said irregularity was committed in Mehdawal, Khalilabad and Dhanghate Assembly segments in the manner as detailed below.
86. There is no averment in the entire election petition that Form 17-C was not correctly prepared and was not signed by Agents of the petitioner who were present at the relevant time, as is admitted by petitioner himself in paras 25 and 26 of election petition. A vague assertion has been made in para 27 that number of votes received and got received in EVM were not correctly incorporated in final tabulation chart in From 20, which was being prepared at the central table. But it is not the case of the petitioner that entries made in Form 20 did not conform to the entries made in Form 17C. If Form 20 contained the entries made in Form 17C and both tally, it cannot be said that votes have been received or taken into account contrary to any provision of statute for the reason that Form 17C is duly checked, verified and signed by candidate or his agent also.