By the impugned order Annexure-10, the learned trial court, after completion of the trial of the election petition, passed the order dt. 28.2.2006. The election petition was filed, seeking to challenge the election of Sarpanch of villge Kalabkalan, which was held on 31.1.2005, on the ground, that the election petitioner had secured more votes, but the returning officer, in collusion with the returned candidate, counted the votes of the election petitioner at a deflated figure, and information was not given to the election agent, as to in which bundle how many ballots had been put, and thus the votes secured by the election petitioner were shown to be less. Likewise, it was also alleged as a ground, that 72 ballots were rejected, while many of them were valid, still they were illegally rejected, and the invalid votes polled in favour of returned candidate were also included in the polled ballots of the returned candidate, and she was declared elected. It was also pleaded, that request was made for recounting, which was turned down. Various other grounds were also given. Learned trial court framed two issues, out of which relevant is issue no. 1 being, as to whether the counting of votes in the election was not held in accordance with law. Then, the learned trial court discussed the evidence led on behalf of the parties, and held that so far wrong placing of ballots in the bundles is concerned, there is no clear evidence about it, and therefore, such vague and unreliable evidence cannot be considered to hold that there
