(1.) THE defeated candidate has filed this Election Petition for grant of relief of wholesale recount of votes.
(2.) ON 11-8-1999, the election programme for the election of Assembly of State of Maharashtra was declared and the election for Yaval constituency in Jalgaon district was held. The petitioner and respondent Nos. 1 to 4 were the candidates who contested the Assembly election for Yaval constituency. The petitioner was the candidate of Congress I party. The respondent No. 1 was the candidate of Bhartiya Janata Party. The respondent No. 2 was the candidate of Nationalist Congress Party. The respondent Nos. 3 and 4 were independent candidates. The voting took place on 5-9-1999 and the counting of votes took place on 6-10-1999. The respondent No. 1 was declared elected by margin of 412 votes. The respondent No. 5, who is deleted, was the Returning Officer.
(3.) THERE were in all 15 tables for counting of votes. One Supervisor, four Counting Assistants and one Peon were attached to each counting table. When the ballot boxes were brought from godown, one ballot box of village Sakali was found wet and the ballot papers inside the said box were also somewhat wet. The ballot box of village Murkud had no seal. Initially, all the ballot boxes were kept on the table. The ballot papers of Lok Sabha election were separated. The ballot papers of Yaval Assembly constituency were tied in bundles. Each bundle contained in all 25 ballot papers. Ravan Anna - Counting Agent of the petitioner - was absent because of illness. The petitioner also could not attend the counting process because of high blood pressure.