Petition was based on the sole ground of improper reception of void votes in favour of the returned candidate and not counting of valid votes ... votes. The respondent had polled 41248 votes as against 14758 votes polled by the election petitioner. Thus even if 20,000 votes polled
appellant's valid
votes to invalid vote box. The appellant's valid votes were
added in the invalid votes. The appellant ... secured 1011
votes. Appellant secured 1010 votes. The difference is
only one vote. More than 100 votes were added in the
invalid votes
improper reception, refusal or rejection of
any vote or the reception of any vote which is void, or
(iv) by any non-compliance with ... there has been improper reception
of any vote or the reception of any vote which is void.
What has to be seen is whether
smooth counting of votes affecting the orderly counting of votes.
4. The petitioner filed two applications for re-counting of the votes but
without passing ... improper reception, refusal or rejection of any vote, or the
reception of any vote which is void by reference to the election result
void are enumerated in sub-section (1) of Section 100 of the Act,
which reads as under:-
100. Grounds for declaring election to be
void ... improper reception, refusal or
rejection of any vote or the reception of any
vote which is void, or
(iv) by any non-compliance with
votes.
The votes secured by the five candidates are as given
below:-
------------------------------------------------------
Sr. Name of the candidate Party Number of No. affiliation
votes polled ... next highest number of votes. There was thus a
difference of 4497 votes between the votes polled by the
appellant and Roshan Lal. Kanyaiya
court."
"100. Grounds for declaring election to be void.-(1) Subject to the
provisions of Sub-section (2) if the High Court ... improper reception, refusal or rejection of any vote or the
reception of any vote which is void, or
(iv) by any non-compliance with
impugning the election of the respondent no. 1 to be void
under section ... election will
be declared as void and (2) he shall be disqualified to
contest or vote at any election for a period
court."
"100. Grounds for declaring election to be
void.-(1) Subject to the provisions of sub-
section (2) if the High Court ... improper reception,
refusal or rejection of any vote or
the reception of any vote which is
void, or
(iv) by any non-compliance with
votes, while respondent
No. 1 secured 50,034 votes. Thus respondent No. 1 was
declared elected by a margin of 60 votes. Before the
declaration ... election petition) voted twice in either
the same Constituency of Kunnathunadu or other
constituencies. The votes cast by them are void under
Section
