declared elected having secured
2022 votes. Respondent no. 5, who was another contestant had
secured 1979 votes. Besides the votes secured by the contestants,
Patna ... votes ordered by the Tribunal, it was found that he had secured
22,491 votes and the respondent had secured 22,412 votes. The
Tribunal
votes, the 7th respondent secured 1554 votes, and other contestants
secured 121, 665 and 21 votes respectively.
4. 215 votes were declared invalid ... declared as
invalid later; that the 6th respondent also stated that after counting they
will decide invalid votes one by one; and that petitioner
returned candidate had secured 2646 votes, the
petitioner had received 2611 votes and there were 89 rejected
and NOTA votes.
2.2 The petitioner filed ... recount should allege and prove that there was
improper acceptance of invalid votes or improper
rejection of valid votes. If only the Court is satisfied
Officer committed an error in counting the
votes. But, the admitted position is that two votes were
invalid and they were not counted. This ... secured 996 votes which is inclusive of two postal votes. The
first respondent secured 994 votes which is inclusive of two
postal votes
received 715 votes whereas the respondent no.3-election petitioner had secured 707 votes and 12 votes were declared to be invalid. It is stated ... votes whereas the respondent no.3 received 707 votes and the respondent no. 4 received 155 votes and 29 votes were declared invalid. He further
election and cast his vote. At the time of counting, the Election Officer announced that his vote was invalid vote. Then the petitioner requested ... invalid vote is that of the petitioner and there is also no proof that the petitioner's vote has been declared as invalid vote
Nirmala Devi received 425 votes and the respondent no.6-Smt. Laxmi received 70 votes and 5 votes were declared invalid and the petitioner ... votes in favour of the elected candidate or improper rejection of valid votes in favour of the defeated candidate or wrong counting of votes
recount should allege and prove that there was improper acceptance of invalid votes or improper rejection of valid votes. If only the Court was satisfied ... there were several other cases of double voting and reception of invalid votes in favour of the election petitioner. This written statement-cum- recrimination petition
done while counting and in such a
case improper acceptance of invalid votes and rejection of
valid votes must be pleaded and prima facie established ... count should allege and
prove that there was improper acceptance of
invalid votes or improper rejection of valid votes.
If only the Court is satisfied
petitioner has
assailed the election on the ground of counting invalid votes
in favour of respondent No.5 and prayed for recounting of the
votes ... defeated by 6 votes. The Returning
Officer ought to have considered his application for
recounting of the votes because invalid votes were counted in
favour
