person contesting the election or by any
person qualified to vote at the election to which such question
relates, such person may at any time ... improper
reception, refusal or rejection of any vote or the reception of
any vote which is void or by any non-compliance with or
Violation
careful to add that the
right to vote being purely a statutory right, the validity
of any Vote IIas to be examined on the basis ... would result in improper reception, refusal, rejection of
vote which is void and would, therefore, be ground for
avoiding the election under
part
in the discussion of the Board of Directors nor allowed to vote with regard to
a resolution touching upon such a contract. Learned counsel ... contract, and therefore, the
Management Contract was null and void because an interested director had
voted thereupon.
To say the least, the argument appears
received
13,508 votes, while the appellant had received 13,271 votes.
After taking into account the finding, the valid votes
received by the appellant ... have 13,484 valid' votes, so
that the election of respondent No. 1 could not be
declared--
800
void. The appellant had claimed that
election before
the Tribunal alleging that it was void inasmuch as for the
purpose of securing votes the appellant had appealed to his
religion ... consent of a candidate or his election agent to vote or
refrain from voting for any person on the ground of his
religion, would amount
obtained
1,25,665 votes. The next highest votes were obtained by
Rikhabchand Sharma. He polled 1,23,615 votes.
The election was challenged ... improper
reception, refusal or rejection of any vote or the reception
of any vote which is void. Section 100(l) (d) (iv) provides
that
null and void and acting under Section 428(2) granted a further declaration that since the election-petitioner had secured second highest votes, he shall ... void or is set aside the District Court "shall direct that the candidate, if any, in whose favour next highest number of valid votes
vote;
(d) seizure of a place for counting of votes by any
person of persons, making the counting
authorities surrender the ballot papers or
voting ... voting is concerned, such actions
would amount to improper reception of votes which is a separate ground for
declaring an election to be void under
from Ward No.
51. The appellant secured 3974 valid votes as against 3882
valid votes obtained by Respondent 1. The appellant was
declared duly elected ... other candidate received a majority of the
valid votes, or
(b) that but for the votes obtained by the
returned candidate the petitioner or such
secured 5,35,282 votes while respondent no.1 secured 6,76,606
votes. The other respondents secured only marginal votes.
3. The appellant preferred ... improper reception, refusal or rejection of any vote
or the reception of any vote which is void, or
(iv) by any non-compliance with
