V.S.KOKJE, J. - (1.) THE petitioner who was the official candidate of the Indian National Congress in the last assembly elections held in the year 1993 from the Parbatsar Assembly Constituency No. 197 of the Rajasthan Legislative Assembly has challenged the election of respondent No. 1 who was the official candidate of the Bhartiya Janta Party at that election.
(2.) THE election petition raised three grounds for setting aside the election. Firstly it was alleged that the election of respondent No. 1 was liable to be declared void on account of improper acceptance of nomination paper of respondent No. 1 on account of which result of the election was materially affected. Secondly, it was alleged that the election of respondent No. 1 was materially affected on account of improper rejection of votes of the petitioner and improper inclusion of votes cast in favour of the petitioner in the number of votes cast in favour of respondents No. 1 and 2, Thirdly, it was alleged that the election of respondent No. 1 was liable to be declared void on account of commission of corrupt practices by the respondent No. 1 or by his consent and by the Bhartiya Janta Party with his consent. So far as the ground relating to corrupt practices is concerned, by an Order dated December 16, 1994 passed on the preliminary objections raised by the respondent No. 1 in this case, it was held that for want of proper affidavit the election petition deserved to be rejected so far as it related to the ground of the commission of corrupt practices. Thus, only two grounds have survived for determination in this petition, on which two issues were framed as follows: (1) Whether the Returning officer improperly accepted the nomination paper of respondent No. 1, and (2) Whether the petitioner is entitled to recounting of votes on the grounds mentioned in Paragraph -8 of the petition.
(3.) THE following facts relating to the election are not disputed:;