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(iv) In view of the above, the participation of Dr. R.K. Bali and voting without naming the constituency he represented is not illegal particularly when he has exercised only one vote in the said election.

8. Vote of Dr. R.P. Vaish.

(i) In the election held on 6.11.95 there was only one invalid vote. According to Dr. Gandhi this vote was cast by Dr. R.P. Vaish. It has been claimed by Dr. Gandhi that Dr. R.P. Vaish who had seconded his nomination to the post of President, was not able to bend while casting his vote for the post of President. According to Dr. Gandhi, Dr. Vaish had informed him that he cast his vote on estimation basis and there was scope of parallel error in sighting the ballot paper, whereby he by mistake marked in the fourth column where there was no name. He could not verify because he was not able to bend while casting his vote.
(ii) It may be pointed out that the system of voting was by secret ballot, and as such it is not possible to know exactly as to whose vote was invalid. However, if one of the voting marks was so placed as to make it doubtful, the said vote is rendered invalid. It is pertinent to mention that physical inability of a voter is not just and equitable ground to attach validity to any invalid vote.
(iii) Accordingly, the invalid vote reportedly cast by Dr. R.P. Vaish cannot be held valid on the ground of his physical inability.

The attendance register was closed which showed 63 members present. In total 63 members voted in the election and the following was the result submitted by the scrutinises Returning Officer. The counting was done in the presence of the representaive for each candidate Dr. Pradip Jayna for Dr. Bali, Dr. Hari Prakash for Dr. L.K. Gandhi and Dr. B. Suresh chandra for Dr. N. Sridhar Shetty.

1. Votes polled for Dr. R.K. Bali. 22

2. Votes polled for Dr. L.K. Gandhi. 22

3. Votes polled for Dr. N. Sridhar Shetty .22 Invalid vote: .1 The Returning Officer announced the votes polled for each of the candidate and also invalid vote. He showed the members that invalid vote in the fourth column where there was no name of any member had its stamp. It was also informed that the office instead of making three columns made 4 columns and however as the stamp was not against any names that one vote has been declared as an invalid vote.

Dr. N. Rajeeva Shetty and Dr. C.P. Govila were again appointed as scrutinizers by the Council for this E.C. election also.

The Chair called for withdrawal, if any.

On voting by secret ballot, the result were:

1. Dr. C. Bhasker Rao: 22 votes 2. Dr. V.P. Jalili 16: votes 3. Dr. B.P. Singh 15: votes 4. Dr. Hari Prakash 14: votes 5. Dr. Girish J. Parmar 12: votes 6. Dr. T. Samraj: 11 votes 7. Dr. B.R. Bhuyan: 10 votes 8. Dr. K.S. Nagesh: 10 votes 9. Dr. S.S. Dua: 9 votes 10. Dr. (Mrs.) Shivrathan: 9 votes Savadi. 11. Dr. Satish Chandra: 8 votes 12. Dr. V.K. Hazarey: 7 votes 13. Dr. K.N. Velayudhan Nair: 7 votes Invalid: 3 votes On a majority of votes, Dr. C. Bhasker Rao, Dr. V.P. Jalili, Dr. B.P. Singh & Dr. Hari Prakash were declared elected against the 4 vacancies on the Executive Committee of the Council.