LAXMAN SINGH Vs. ARUN SINGH

JUDGEMENT

(1.) THE petitioner who was defeated by a margin of 99 votes from DEEG Assembly Constituency, filed this election petition with the following prayer: (i) to allow recount of all the ballots of third and fourth round of counting of the Deeg Assembly Constituency; and if the same is not possible on account of mixing of ballots of all the rounds, then all the ballots of all the four rounds be ordered to be recounted and (ii) to declare void and set aside the election of Respondent No. 1 and instead declare the petitioner to be elected as Member of Rajasthan Legislative Assembly from Deeg (70) Assembly Constituency of Rajasthan, for which the result was declared on 28th of November 1998 and a certificate be ordered to be granted to the petitioner of having being elected as Member of Rajasthan Legislative Assembly and a Consequential order for notifying the election of the petitioner in the official Gazette, and to award the cost of the election petition to the petitioner.

(2.) IN the election for the Rajasthan Legislative Assembly held in November 1998, the petitioner Laxman Singh and respondents No. 1 to 10 were the contesting candidates from DEEG (70) Assembly Constituency. The polling was held on November 25, 1998 and counting of votes was conducted on November 28, 1998. The petitioner secured 23,700 votes whereas the respondent No. 1 Arun Singh secured 23,799 votes and respondent No. 1 was declared to have been duly elected. Thereafter on January 11, 1999 the petitioner has approached this court.

(3.) I have pondered over the rival submissions and closely scanned the material on record.