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34. the case of Swami Rameshwaranand V. Madho Ram and Ors. (supra) is quite similar to the case in hand. In that case, one of the allegations made in the petition was that the ballot papers which constituted valid votes in favour of the petitioner were intentionally placed inside the bundle of 50 votes of respondent No. 1. Their Lordships of the Supreme court referred to the proposition laid down in Ram Sewak's case (supra) and Dr. Jagjit Singh's case (supra) and then granted the request for partial re-count by making the following observations:-

27. Learned counsel relied on Swami Rameshwaranand v. Madhu Ram and Anr., 40 E.L.R. 281; ., 38 E.L.R. 16; ., A.I.R. 1983 S.C. 1311; ., A.I.R. 1982 S.C. 1569; ., (1994)2 S.C.C. 579; and ., A.I.R. 1980 S.C. 1362. Learned counsel further submitted that the facts pleaded by the petitioner are sufficient to order of inspection of the votes and their re-count.

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On 9.5.1996, Shri Ramesh Rana made a complaint at about 4.00 a.m. regarding the irregularities in the counting of ballots. The complaint was made in writing. I have seen the complaint which is marked as Ex.P.16, This was given to me by Shri Ramesh Rana. After receiving the complaint, I summoned the ballots of table No. 2 on my table. At that time, counting of table No. 2 was going on. I got the ballots of table No. 2 counted in my presence. During that counting, it was revealed that one bundle of votes which contained 24 votes of Shri Ramssh Rana and one vote was of Shri Ramesh Kashyap, was counted for Shri Ramesh Kashyap. At that time the final counting had not been done. I got the counting turned to the satisfaction of Shri Rana and also changed the counting staff of table No. 2. On the oral request of Shri Ramesh Rana I also got the ballots of four rounds counted ... ... At the end of each round the number of votes polled by various candidates were written on the black board. I also used to get the signatures of all the candidates on Form No. 16 at the end of each round. Exs.R.W.1/1 to R.W.1/11 are those forms. Shri Ramesh Rana signed only R.W.1/1 but did not sign the other forms by saying that I will put my signatures if I, win the election else I will file the election petition.....The doubtful votes used to be sent on my table. I used to take a decision in respect of each doubted ballot after showing the same to the candidates. At the end of counting result sheet was prepared showing the total number of votes polled by the candidates. This was shown to the candidates and only thereafter Shri Ramesh Rana submitted the application Ex.P.20, Ex.P.15 is the final result sheet.

"None of the candidates including myself was allowed to go near the counting tables. I had seen the irregularities committed on counting table No. 2. When the matter was brought to the notice of the Returning Officer.......I cannot say whether the Returning Officer was making entries in Form No. 20 at the end of each round. It is wrong to suggest that the Returning Officer had not told the candidates that Shri Ramesh Kumar Rana was winning by a margin of 187 votes."