Summarize the following court judgment. Appeal No. 317 of 1976. Appeal from the Judgment and Order dated the 13th Febru ary	 1976 of the Jammu & Kashmir High Court in Election Petition No. 2 of 1972. M.N. Phadke	 Altaf Ahmed and Veerappa for the Appellant. Ghulam Quadir Mir (In person) for Respondent No. 1. Ex parte for Respondents 2 5. The Judgment of the Court was delivered by KHANNA	 J. During the general elections held in March 1972 five candidates	 namely	 the appellant and respondents No. 1 to 4	 contested tile election for the Jammu & Kashmir State Legislative Assembly from Rajpura constituency. There was a sixth candidate	 namely	 Mohamed Abdullah Sheikh	 respondent No. 5	 but his nomination paper was rejected. The appellant secured 9	079 votes and was declared elected. Respondent No. 1 was the nearest rival and he secured 8	248 votes. Respondents 2 to 4 secured 1	340	 1	126 and 1	217 votes respectively. 2	034 votes were declared invalid at the time of counting. After the declaration of the result of the election	 respondent No. 1 filed election petition out of which the present appeal arises. Two prayers were made in the election petition: (1) that the election of the appel lant be declared to be void; and (2) that respondent No. 1 be declared to have been duly elected. The High Court accepted the first prayer and declared the election of the appellant to be void. The second prayer that respondent No. 1 be declared to have been duly elected was not granted. The present appeal has been filed by the appellant against the judgment of the High Court insofar as it has declared his election to be void. Cross objections have been filed by respondent No. 1 and it has been prayed on his behalf that he be declared to have been duly elected. The election petition was founded on the following three grounds: (1 ) Improper rejection of the nomination paper of respondent No. 5. (2) Improper rejection of the votes which had been cast in favour of respondent No. 1 (hereinafter referred to as the respondent); and (3) Improper reception of the votes in favour of the appellant on the day of polling at the following polling stations: 1. Lassipora Polling station No. 49 2. Nowpora Pain Polling station No. 50 299 3. Drubgham B Polling station No. 24 4. Drubgham A Polling station No. 23 4. Drugbham A Polling station No.23 5. Aliaipora Polling station No. 51 6. Chandgham Polling station No. 46 7. Arihal Polling station No. 35	 and 8. Tikan Batapora Polling station No. 26. According to the case of the respondent as set up in the election petition	 the result of the election was materially affected because of the improper rejection at the time of counting of the votes which had been cast in his favour and by the improper reception of the votes in favour of the appellant on the day of polling. Giving particulars in respect of the third ground	 namely	 that there was improper reception of votes in favour of the appellant on the day of polling	 the respondent stated that the total number of votes at Lassipura (polling station No. 49) was 824. All those votes were shown to have ben polled	 although 162 voters registered in that area did not cast their votes. The figure of 162 included 16 persons who were dead before the date of polling. Electoral numbers of those 162 voters	 including 16 dead persons	 were also mentioned in the peti tion. The votes of 162 persons were thus stated to have been improperly received. Similar allegations were made in respect of Nowpora Pain (polling station No. 50)	 Drubgham B (polling station No. 24)	 Drubgham A (polling station No. 23)	 Alaipora (polling station No. 51)	 Chandgam (polling station. No. 46)	 Arihal (polling station No. 35) and Tikan Batapora (polling station No. 26). We may add at this stage that the first ground	 namely	 that relating to the improper rejection of the nomination paper of respondent No. 5	 was not pressed at the trial of the election petition	 and as such no 1onger survives. The election petition was resisted by the appellant and he denied the various allegations made by the respondent. He also pleaded that the allegations in the election peti tion were vague	 indefinite and uncertain. Objection was also raised regarding the maintainability of the petition on the grounds that it had not been properly verified and there war misjoinder of parties. The petition was initially heard by Wasi ud Din J. It thereafter came up for hearing before Jalal ud Din J. Ultimately	 it came up for hearing before Mufti Baha ud Din Farooqi J. who finally decided the petition and gave the judgment under appeal. During the pendency of the petition	 orders were made on three occasions for inspection of the ballot papers. The first order was made by Wasi ud Din J. on August 13	 1973. The learned Judge	 considered the prayer for inspection of ballot papers under three heads: "(1) Request for inspection of ballot papers which were rejected at the time of counting; (2) Request for inspection a ballot paper account (Form No. 16) in respect of the var ious polling stations and of the ballot papers relevant thereto; 300 (3) Request for inspection of marked copies of electoral rolls at polling stations Lassipora	 Drubgham A & B	 Achan	 Chandgham	 Afthal	 Nowpora Pain	 Tikam Batopora	 Alaipo ra. " Prayer under the first and third heads was rejected but that under the second head was allowed to the extent of the inspection of form No. 16 in respect of Lassipora	 Nowpora Pain	 Drubgham B	 Drubgham A	 Alaipora	 Chandgham	 Arihal and Tikan Batopora polling stations. Inspection of a few ballot papers	 of which the numbers were specified	 relating to some of the polling stations was allowed. On November 2	 1973 the learned Judge amplified his previous orders in these words: "My order as it stands should be read to Clearly signify which I am amplifying here also that the sorting of the ballot papers will be done by the Deputy Registrar but in the presence of the learned counsel for both the parties. The learned counsel for the parties will not be allowed to handle the ballot papers until they are sorted out by the Deputy Registrar and after this is done	 the respective learned counsel for the parties can handle and inspect the ballot papers. " On June 13	 1974 the learned Judge	 on an application made by the respondent	 allowed inspection of ballot papers of two more polling stations	 viz.	 Chandgham and Alaipora. The respondent also made prayer for leave to inspect the ballot papers of other polling stations	 but the prayer in that behalf was rejected. The following directions were further issued by the learned Judge: "The petitioner has also made a prayer that the Deputy Registrar be given directions to ascertain if the 34 series of two inspected polling stations Nos. 24 and 50 are not mixed in the fourth trunk which has been produced. The Deputy Registrar will of course see to this and such other discrepancies which may come to his notice	 he will make a separate note and he will also make a note on the envelope if he found the discrepancy." After Wasi ud Din J. relinquished his office	 the case was assigned to Jalal ud Din J. An application was then made on July 29	 1974 by the respondent seeking permission to in spect ballot papers and other documents pertaining to the various polling stations	 This application was disposed of by Jalal ud Din J. as per order dated January 6	 1975 in these words: "I	 therefore	 allow the application of the petitioner for inspection of ballot papers in respect of four veiling stations	 namely	 26 Tikan Batapora from serial No. 015051 to 15700	 35 Arihal A from serial No. 020901 to 021550	 49 Lassipora from serial No. 031051 to 031900	 23 Drubgham from serial No. 013201 to 013800 and also the counterfoils of 15 Nowpora Pain	 24 Drubgham B. 46 Chandgham and 51 Alaipora	 the polling stations of which the ballot papers have already been inspected by the petitioner. 1	 however	 do not accede to the request of the petitioner to inspect electoral roll and 301 counterfoils and from 16 of the entire con stituency. The inspection as ordered will be held by and in presence of the counsel for the parties. But the Deputy Registrar will see that neither the candidate nor their counsel shall	 handle the record. The Deputy Registrar will further make a separate note and record of the discrepancies found	 if any. The inspection will be held during vacation on a date to be fixed by the Deputy Registrar." In the judgment under appeal the learned Judge held that 59 votes validly polled in favour of the respondent were im properly rejected at the time of counting. It was further found that 901 votes	 including 28 votes of dead voters	 were improperly polled. Out of 901 votes	 351 votes were found to have been polled in favour of the appellant. De tails of those 351 votes were as under: Alaipora polling station No. 51 200 Arihal polling station No. 35 51 Takin Batapora P.S. No. 26 100 Regarding the remaining 550 votes	 the learned Judge found that the evidence was not clear	 and observed as under: "The evidence	 however	 is not clear as regards the fate of the remaining 550 such votes. But having regard to overall circum stances of the case it will not be unreasona ble to conclude that respondent No. 1 was the greatest beneficiary of these 550 votes al though the precise number by which he was benefited out of those votes may not be easily ascertainable. To these circumstances may be added the circumstance that 59 votes validly polled in favour of the petitioner were im properly rejected at the time of counting	 as held by me before. The cumulative effect of these circumstances is that the respondent No. 1 was able to get an undue advantage of no less magnitude and may be	 even greater than that reflected in his declared success over the petitioner by 831 votes. In this view it must be held that the result of the election	 insofar as respondent No. 1 is concerned	 was materially affected by the improper rejection of votes in favour of the petitioner at the time of counting and the improper reception of votes on the day of poll and that his election must be declared to be void. But that should not entitle the petitioner to a declaration that he was duly elected as the total number of the votes improperly received in favour of respondent No. 1 on the date of poll could not be exactly worked out. The prayer for such de claration must be rejected. " In the result	 the election of the appellant was declared to be void. The prayer of the respondent for a declaration that he be declared to have been elected was rejected. When this appeal came up for hearing before this Court on September 3	 1976	 we passed an order wherein we referred to the finding of the High Court that it cannot be said as to who was the beneficiary of the 550 votes which were found to have been improperly polled. We thereafter stated in that order: 302 "In our opinion	 it is necessary to find out as a result of further inspection as to how many d those 550 votes were in favour of the appellant	 and how many	 in favour of respondent No. 1 and the other contesting candidates. For this purpose	 we depute the Registrar (Judicial) of this Court to make an inspection in the presence of the parties and their counsel and submit a report to this Court within six weeks from today. The Regis trar may also have to locate the 55 ballot papers referred to in the judgment of the High Court at pages 31 51 of the cyclostyled judg ment. He may also	 if necessary	 refer to the reports of the Deputy Registrar of the High Court. The appeal should be put up for further hearing as soon as the report is ready. " The Registrar of this Court thereafter submitted his report dated September 15	 1976. The Registrar dealt with most of the matters but in respect of some of the matters he sought further directions. Necessary directions were thereafter issued by this Court on September 17	 1976. As a result of those directions	 the Registrar had to scrutinise 571 ballot papers in all instead of 550 votes. The final report of the Registrar is dated September 24	 1976. The result of the reports of the Registrar taken along with the findings of the High Court may be set out: (1) Votes found by the High Court to have been improperly received in favour of the appellant 351 (2) Votes which were found to have been improperly received in favour of the appellant as per the first report of the Registrar 286 (3) Votes which were found to have been improperly received in favour of the appellant as per the second report of Registrar. 141 Total 778 (4) Total number of votes polled by the appellant as per the results of the election 9	079 (5) Valid votes polled by the appellant 9	079 778=8301 (6) Votes which were found to have been improperly received in favour of the respondent as per the first report 25 (7) Votes which were found to have been improperly received in favour of the respondent as per the second report 19 Total 44 (8) Total votes polled by the respondent as per the result of the election 8	248 (9) Votes validly polled in favour of the respondent which were found by the High Court to have been improperly rejected at the time of counting 59 303 (10) Total number of votes thus polled by the respondent 8	248+59=8	307 (11) Valid votes polled by the respondent 8	307 44=8	263 (12) Excess of votes validity polled in favour of the appellant over those of of the respondent. 38 Some votes were found by the Registrar to have been im properly received in favour of respondents 2 to 4	 but it is not necessary to set out those votes. In appeal before us Mr. Phadke on behalf of the appel lant has urged that in view of the final picture as it emerges from the reports of the Registrar	 the appeal should be allowed and the election petition be dismissed as the appellant secured more valid votes than the respondent. The above stand has been controverted by the respond ent	 who has argued the case in person. At an earlier hearing we requested Mr. Gambhir to argue the case amicus curiae in view of the fact that the respondent was not represented by counsel. The respondent thereafter stated that he Would like the matter to be argued by counsel of his own choice. Mr. Shaukat Hussain thereafter appeared on behalf of the respondent. At the final hearing the respond ent	 as mentioned above	 chose to argue the case in person. Perusal of the election petition filed by the respondent shows that apart from the ground not subsequently pressed of the improper rejection of the nomination paper of respondent No. 5	 the only ground on which the respondent challenged. the election of the appellant was the improper reception of votes in favour of the appellant and the improper rejection of the votes cast in favour of the respondent. This ground is based upon sub clause (iii) of clause (d) of sub section (1) of section 108 of the Jammu and Kashmir Representation of the People Act	 1957 (Act 4 of 1957) corresponding to sub clause (iii) of clause (d) of sub section (1) of section 100 of the Representation of the People	 Act 1951 fact 43 of 1951). According to the above provision	 if the High Court is of the opinion that the result of the election	 in so far as it concerns a returned candidate	 has been materially affected by the improper reception	 refusal or rejection of any vote of the reception of any vote which is void	 the High Court shall declare the election of the returned candidate to be void. Keeping the above provision in view	 we may now turn to the facts of the present case. The High Court found that 351 votes had been improperly received in favour of the appellant. The High Court further found that 59 votes which had been validly polled i.n favour of the	 respondent were improperly reject ed at the time of counting. In addition to. that	 the High Court found that 550 votes had been improperly received	 but it was not possible on the material on record to find out as to who was the beneficiary of those votes. The High Court all the same was inclined to believe that the appellant must have been the major beneficiary of those 550 votes. This necessarily involved an element of surmise and conjecture. To find out the exact position	 we directed the Registrar of this Court to 304 scrutinise the 550 ballot papers in question and to make a report as to how many of those votes were cast in favour of the appellant and how many in favour of the respondent and the other candidates. The Registrar thereafter submitted reports and we have already set out the outcome of those reports taken along with the findings of the High Court. It would appear from the figures set out above that	 exclud ing all the votes which were found to have been improperly received by the appellant and also giving credit to the respondent for 59 votes which were found by the High Court to have been improperly rejected at that time of counting	 the net result still is that the appellant has a lead of 38 votes over the respondent. There is	 therefore	 no escape from the conclusion that the election of tile appellant should be upheld. In an election petition founded upon the ground that the result of the election was materially af fected by the improper reception or rejection of votes	 the court has first to decide whether certain ballot papers were improperly received or were improperly rejected. Once 	that controversy is resolved	 the rest is purely a matter of arithmetical calculation. If the result of arithmetical calculation is that the returned candidate has still a lead over his nearest rival	 his election would not be declared to be void on the ground of improper reception or improper rejection of votes. Improper reception or improper rejec tion of votes can result in invalidating an election only if such improper reception or improper rejection materially affects the result of the election. In the course of his arguments	 the respondent has submitted that a number of improprieties were committed in the conduct of election and therefore the election of the appellant be declared to be void. Although it does appear from the material on record to which our attention was invited by the respondent that irregularities were committed in the conduct of the election	 the respondent cannot derive any benefit on that account. As already mentioned	 the respondent sought to challenge the election of the appellant only on the ground of improper reception and improper rejection of certain votes. The election of the appellant was not challenged on the ground of any irregular ity or non compliance with the provisions of the Constitu tion or of the Representation of the People Act or of any rules or orders made thereunder. Nor was the election of the appellant assailed on the ground of being vitiated by corrupt practice. As it is not permissible to widen the scope of an election petition beyond the grounds actually set up in the election petition	 the respondent cannot seek relief on grounds which were not taken by him in the elec tion petition. It has also been urged by the respondent that the number of votes which were improperly received was larger than that found by the High Court. Nothing cogent has	 however	 been brought to our notice in support of the above submission to induce us to interfere with the finding of the High Court in	 this respect. Lastly	 the respondent submits that 153 ballot papers of Lassipora polling station cast in favour of the appellant should be rejected as 305 they bore the initials and not the full signatures of the presiding officer. Our attention in this respect is invit ed to clause (h) of rule 56(2) of the Jammu and Kashmir Conduct of Election Rules	 1965	 according to which the returning officer at the time of counting shall reject a ballot paper if it does not bear both the mark and the signatures which it should have borne under the provisions of sub rule (1) of rule 3 8. According to sub rule (1 ) of rule 3 8	 every ballot paper shall before issue to elector	 be stamped by such distinguishing mark as the Election Commission may direct	 and be signed in full on its back by the presiding officer. It is not disputed that the ballot papers in question bore the distinguishing mark. The only contention of the respondent	 as already mentioned	 is that the ballot papers in question bore the initials and not the full signatures of the presiding officer. In this respect we find that no express ground on that score was set up by the respondent in the election petition. This apart	 we that the matter is covered by the first proviso to sub rule (2) of rule 56 which reads as under; "Provided that where the returning offi cer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of a presiding officer or polling officer	 the ballot paper shall not be rejected merely on the ground of such defect. " The above proviso which is based upon the principle that a vote validly cast should not be excluded from consideration because of the mistake or omission of the presiding or polling officer	 makes it plain that where the returning officer is satisfied that any defect mentioned in clause (h) has been caused by the mistake or failure on the part of a presiding officer or polling officer	 the ballot paper shall not be rejected merely on the ground of such defect. The fact that the returning officer in the present case did not reject the ballot papers in question on the ground that they bore only the initials and not the full signatures of the presiding officer would go to show that the returning offi cer was satisfied that the alleged defect was caused by the mistake or failure on the part of the presiding officer: There can indeed be hardly any doubt on the point that the defect referred to by the respondent occurred because of the mistake or failure of the presiding officer. We	 there fore	 see no cogent ground to exclude from consideration 153 ballot papers polled in favour of the appellant. Before we conclude	 we may observe that some other con tentions were also advanced on behalf of the appellant. In view of the fact that the appeal in any case has to be allowed because of the arithmetical calculations referred to above	 it is not necessary to go into those contentions. As a result of the above	 we accept the appeal	 set aside the judgment of 	the High Court and dismiss the election petition. Crossobjections filed by the respondent are dismissed. Looking to all the facts	 we leave the parties to bear their own costs throughout. P.B.R. Appeal al lowed.

100(1) (d)(iii) of the Jammu & Kashmir Representation of the People Act	 1957 provides that if the High Court is of opinion that the result of the election in so far as it concerns a returned candidate	 has been materially affected by the improper reception	 refusal or rejection of any vote or the reception of any vote which is void	 the High Court shall declare the election of the returned candidates to be void. The appellant was declared elected to the State Assembly in the General Elections. In his election petition the respondent	 a defeated candidate	 contended that improper rejection at the time of counting of votes cast in his favour and improper reception of votes at the time of poll ing in favour of the appellant had materially affected the result and that therefore the appellant 's election should be declared void. The High Court held that certain votes had been improp erly received in favour of the appellant	 certain votes validly polled in favour of the respondent were improperly rejected at the time of counting; and in respect of 550 votes which were found to have been improperly received	 the High Court held that the appellant was the greatest benefi ciary of those votes although the precise number by which he was benefited could not be easily ascertained. In appeal	 this Court directed the Registrar to scruti nise the 550 ballot papers to find out as to how many of those votes were cast in favour of the appellant and the other candidates. The result of the investigation showed that the appellant had a lead of 38 votes over the respond ent. Allowing the appeal HELD: There is no escape from the conclusion that the election of the appellant should be upheld. [303H] (1) In an election petition founded upon the ground that the result of the election was materially affected by the improper reception or rejection of votes	 the Court has first to decide whether certain ballot papers were improperly received or were improperly rejected. Once that controversy is resolved	 the rest is purely a matter of arithmetical calculation. If the result of arithmetical calculation is that the returned candidate has still a lead over his nearest rival	 his election would not be declared to be void on the ground of improper reception or improper rejection of votes. Improper reception or improper rejec tion of votes can result in invalidating the election only if such improper reception or improper rejection materially affects the result of the election. [303H] In the instant case	 even after excluding all the votes found to have been improperly received by the appellant and also giving credit to the respondent for the votes found by the High Court to have been improperly rejected at the time of counting	 the net result still was that the appellant had a lead over the respondent. (2) As it is not permissible to widen the scope of an election petition	 the respondent could not seek relief on grounds which were not taken by him in the election peti tion. The respondent could not derive any benefit on the irregularities committed in the conduct of election. The election was not challenged on the ground of any irregulari ty or non compliance with the provisions of the Constitution or of the Representation of the People Act nor was the election assailed on the ground of corrupt practice. [304D & C] 298 (3) The contention of the respondent that if the ballot papers which bore the initials and not the full signatures of the presiding officer are rejected	 the appellant 's election should be declared void	 is without force. The ballot papers bore the distinguishing marks as required by r. 38(1). The fact that the returning officer did not reject the ballot papers on the ground that they bore only the initials and not the full signatures of the presiding officer showed that the returning officer was satisfied that the alleged defect was caused by the mistake or failure on the part of the presiding officer. There can be no doubt that the mistake occurred because of the mistake or failure of the presiding officer. The first proviso to r. 56(2) of the Rules provides that where the returning officer is satisfied that any defect mentioned in cl. (g) or cl. (h) of this Rule has been caused by any mistake or failure on the part of a presiding officer or polling officer	 the ballot paper shall not be rejected merely on the ground of such defect. [305B C]