Summarize the following court judgment. Civil Appeal No. 783 of 1975. Appeal by special leave from the judgment and order dated the 9th April 1975 of the Allahabad High Court in Application No. A. 7 ion Petition No. 22 of 1974. R K. Garg	 section C. Agarwala and V. J. Francis	 for the appellant. D. Mukherjee and Pramod Swarup	 for respondent No. 1. The Judgment of the Court was delivered by SARKRIA J. We have already announced our order in this appeal on the 2nd May 1975. We now proceed to give our reasons therefor. 193 The appellant	 Shri Ram Autar Singh Bhadauria. Respondent No. 1 Chaudhari Ram Gopal Singh and Respondents 2 to 11 contested election	 as rival candidates from U. P. Legislative Assembly Constituency (No. 293)	 Sarsaul. The poll was held on 24 2 1974. The appellant was declared elected. The total number of votes polled was 72735. Out of these	 the appellant secured 23626 and Respondent 1	 his nearest rival polled 23604	 the margin being of 22 votes only. Respondent 1 filed an election petition challenging the election of the appellant inter alia on the ground (vide para 9(1) of the petition) that the result of the election so far as the returned candidate was concerned materially affected by improper reception and rejection of votes and mistakes in counting. It was alleged: "para 11(a). That in a number of polling stations	 the instruments supplied to the electors for the purposes of stamping on or near the symbol of the candidate to whom he intends to vote	 was seal of Presiding officer which was meant to be put on the reverse of the ballot papers. Since the electors were supplied these instruments by the Presiding officer for marking the ballot papers the electors indicated their choice by marking in the column of the petitioner with that instrument. There were 41 such ballot papers which were clear votes for the petitioner that were illegally rejected by the Presiding officer on the ground that the electors ' choice was expressed through the instrument meant for the Presiding officer for stamping on the reverse side of the ballot papers. Particulars of such ballot papers are given in Schedule I attached to the Election Petition. (b) That in a number of polling stations	 the electors were issued ballot papers along with the counter foil. While issuing the ballot papers to the electors	 the polling staff . deputed there did not detach the counter foil and the electors after putting seal mark put the ballot papers along with the counter foil in the ballot box. It was due to the mistake of the staff deputed at the polling station. The number of some of such ballot papers are 100976	 100977	 100978	 100979	 100980	 100982	 100983 and 100984. These ballot papers clearly indicate the votes for the petitioner but they were illegally rejected on the ground that the identity of the elector can be established. The reason on which it was rejected was wholly illegal. The particulars of such bal lot papers are given in Schedule IT attached to this election petition. " In his written statement	 the successful candidate stated: "65(1). That the contents of paragraph No. 9(1) of the Election Petition are not admitted. The result of the election in so far as the answering respondent is concerned has not been materially affected by any improper reception or 194 rejection	 or by wrong arithmetical and clerical mistake in counting of votes and/or counting and acceptance of void votes in favour of the answering respondent. In fact no improper reception or rejection or arithmetical mistake or any clerical mistake was done in favour of the answering respondent 16. That the contents of paragraph No. 11 (a) of the petition are wrong and denied. It is wrong to say that 41 ii ballot papers mentioned in Schedule I or any ballot paper counted in favour of the respondent No. 1 by marking with the seal of the Presiding officer. It is admitted that the ballot papers on which unauthorised seal was found were rejected. Some of these rejected ballot papers may be of the petitioner but most of them were of respondent No. 1 and other contesting candidates. That the contents of para 11 (b) of the petition and Schedule II are not admitted as stated. Only on one polling station	 due to the mistake of the Presiding officer some bal lot papers were issued along with their counter foils. The counterfoils did contain the name and signature or thumb impression of the voters attached to the ballot paper. In these circumstances such ballot papers were rejected by the Returning officer. It is submitted that such ballot paper were in respect of all the candidates including the respondent No. 1. Further	 no such objection was raised at the time of counting by the Petitioner or his election agent and/or his counting Agent. That no different criteria was adopted by the Returning officer in the matter of acceptance or rejection of ballot papers and the respondent No. 1 maintains that many ballot papers in which the Electors expressed their choice in favour of the respondent No. 1 by putting the seal of the Presiding officer as supplied by the Presiding officer	 were wrongly rejected during the counting by the Returning officer. " Respondent 1 did not adduce any evidence in support of the allegations extracted above. But on 24 2 1975	 he made an application before the High Court	 praying for scrutiny and recount of the ballot papers. The allegations in para 11(a) and (b) of the election petition were reiterated in the application. The appellant in reply filed a counter affidavit which was substantially a reproduction of his reply in the written statement. The learned Judge of the High Court by his order	 dated 9 4 1975	 allowed that application and directed scrutiny and recount of ballot papers on the view that: (a) The appellant "was declared to have won by a very small margin of only 22 votes". 195 (b) "lt is not in dispute that a number of ballot papers were rejected by the Returning officer as invalid be cause the polling staff of a particular polling station forgot to detach the counter foils of a number of ballot papers. As the counter foils contained the identity of the voters	 the ballot papers were rejected for no fault of the voters	 but because of negligence or incompetence on the part of the polling staff". (c) "It is also the admitted case of the parties that a number of ballot papers were rejected because the voters cast their votes by putting their mark not with the marking instrument issued by the Election Com mission but with the marking or stamping instrument issued by the Election Commission for the use of the Presiding officers. This happened because instead of the instrument which the polling staff should have given to a voter to put the mark showing for which candidate he wanted to vote	 the polling staff by mis take handed over to the voter the stamp meant for the Presiding officer. to affix on the back of the ballot paper. " (d) lt "The petition	 the written statement	 the recriminatory petition filed by the respondent (now appellant) and the reply thereto filed by the petitioner would show that this is a case in which both parties have pleaded that there was wrong reception	 rejection and u counting of votes. " It is against this order	 dated 9 4 75 of the High Court that this appeal has been filed by the returned candidate after obtaining special leave. Having heard learned Counsel on both sides	 we are or opinion that the order made by the High Court for a general scrutiny and re count of all the ballot papers cast at the election	 was not justified. The returned candidate had not categorically and specifically admitted the allegations made in the election petition with regard to the improper rejection of the ballot papers. This will be clear from a comparative reading of Paragraph 11 (a) and (b) of the petition and the answers thereto given in the written statement	 which have been reproduced above verbatim. It is to be noted that the reply of the returned candidate to the contents of the aforesaid sub paras (a) and (b) starts with a denial or a non admission. Such a traverse is then followed by qualified and vague admissions that some ballot papers were rejected because they were not marked with the instrument meant for this purpose	 or bore the names or signatures of the voters on the counter foils that remained attached to them	 owing to the mistake of the Presiding Officer. After having thus replied to the petitioner 's allegations	 the returned candidate said that most of these rejected 196 ballots had been cast for him and not for the petitioner. This was a counter assertion which was not	 strictly speaking	 relevant to the case set up in the petition. Mr. Mukherjee	 learned Counsel for Respondent 1 (election petitioner) has drawn our attention to the "Additional Pleas" in the written statement of the appellant. According to Counsel it were these pleas	 more than anything else	 that led to the finding "that this is a case in which both parties have pleaded that there was wrong reception	 rejection and counting of votes. " We will discuss this aspect of the case a little later. At this place it will be sufficient to say that since the returned candidate in his written statement did not specifically and fully admit all the facts alleged in Paragraph 11 (a) and (b) of the petition	 the Court could not dispense with proof of those facts altogether. For instance	 in reply to the facts alleged in Para 11 (a) of the petition	 the returned candidate did not admit that the instrument with which such rejected ballot papers were found stamped	 was supplied by the Presiding officer. On the contrary	 the reply to sub para (a) begins with a clear traverse: "that the contents of paragraph No. 11 (a) of the petition are wrong and denied". This denial notwithstanding	 the learned Judge appears to have erroneously assumed this fact as admitted by the returned candidate. The parties being at variance on this material point	 this issue of fact was required to be proved by the party alleging lt. Now	 we come to the finding of the learned Judge as to the wrong reception and rejection of votes being a common ground between the parties. We have catalogued this finding as ground (b) which is one of the four pillars on which the impugned order rests. This ground	 according to Mr. Mukherji	 draws particulars support from the "Additional Pleas" set up in the written statement. We do not propose to over burden this judgment by reproducing all that has been stated in Paragraph 47 to 56 of the written statement under the caption "Additional Pleas". It will be sufficient to extract some of it by way of sample : "47. That the Returning officer did not allow any improper acceptance or rejection against the interest or the election petitioner	 rather mistakes of improper acceptance and rejection of ballot papers were done against the interests of the answering respondent. That many ballot papers which bore the major portion of the stamp mark within the column of the Respondent No. 1 were wrongly rejected by the Returning officer at the time of counting. That as in the case of the Election Petitioner the Ballot Papers in favour of the Respondent No. 1 with which counterfoils were attached were rejected. In case the Hon 'ble Court finds that similar ballot papers in favour of 197 the election petitioner are to be accepted	 the ballot papers in favour of the Respondent No. 1 in the same condition should also be accepted and counted as valid votes in favour of the Respondent No. 1. That many ballot papers containing votes in favour of the Respondent No. 1. were wrongly put in the bundles of the votes in favour of the Election Petitioner. That the bundles of ballot papers in favour of the Respondent No. 1 in fact contained more than SO ballot papers and there was thus wrong counting. I say that the Respondent No. 1 filed application before the Returning officer on 27 2 74 but the Returning officer without considering the submissions made therein rejected it and did not order for recount. " If we may say so with respect	 in taking these Additional Pleas into account	 the learned Judge completely misdirected himself. He overlooked the fact that these Pleas were irrelevant to and beyond the scope of the enquiry into the allegations in the election petition falling under section 100(1)(d)(iii) of the Representation of the people Act	 1951. These "Additional Pleas" were in the nature of recriminatory` pleas which could not be investigated in this election petition. As clarified by this Court in Jabar Singh vs Genda Lal(1)	 the scope of the inquiry in a case under section 100(1) (d) (iii) is to determine whether any votes had been improperly cast in favour of the returned candidate or any votes had been improperly refused or rejected in regard to any other candidate. These are the only two matters which would be relevant for deciding whether the election of the returned candidate had been materially affected or not. At such an enquiry the burden is on the petitioner to prove his allegations. In fact section 97(1) of the Act has no application to a case falling under section 100(1) (d) (iii). The scope of the enquiry is limited for the simple reason that what the clause requires to be considered	 is	 whether the election of the returned candidate has been materially affected and nothing else. It is true that in a composite election petition wherein the petitioner claims not only that the election of the returned candidate is void but also that the petitioner or some other person be declared to have been duly elected	 section 97 would also come into play and allow the returned candidate to recriminate and raise counter pleas in support of his case	 "but the pleas of the returned candidate under section 97 have to be tried after a declaration has been made under section 100 of the Act. The first part of the enquiry in regard to the validity of the election of the returned candidate has therefore to be tried within the narrow limits prescribed by section 100(1) (d) (iii) and the latter part of the enquiry governed by section 101 (a) will have to be tried on a broader basis permitting the returned candidate to lead evidence in support of the please taken by him in his recriminatory petition; but even in such a case the 198 enquiry. necessary while dealing with the dispute under section 101 (a) will not be wider if the returned candidate has failed to recriminate and in a case of this type	 the duty of the Election Tribunal will not be to count and scrutinise all the votes cast at the election. Moreover	 in the instant case	 it is a matter of controversy to be decided as to whether the recriminatory petition filed by the appellant is within time or not. The above being the law on the point	 it is clear that the learned Judge was in error in ordering general inspection and recount of the total votes polled at the election	 merely because in these Additional Pleas the returned candidate also had by way of recrimination	 complained of wrong reception and rejection of votes and wrong counting of votes. The pleas at this stage could not be investigated even in the recriminatory petition filed by the returned candidate. They were beyond the scope of the enquiry into the petitioner 's case which (as set up in Para 11 of the petition) fall under section 100(1)(d)(iii) of the Act Further	 the High Court did not properly apply its mind to the question	 whether on the facts alleged in Para 11 (a) and (b) of the petition assuming the same to be correct a prima facie case for improper rejection of The 50 ballot papers referred to therein	 had been made out. In other words	 if the defects in these SO ballot papers were attributable to the mistakes or negligence of the Presiding officer or his staff	 would it take those ballot papers out of the mischief of clauses (a) and (b) of Rule 56(2) of the Conduct of Election Rules	 1961 Rule 56 runs thus: "(1) Subject to such general or special directions	 if any	 as may be given by Election Commission in this behalf	 the ballot papers taken out of all boxes used in a constituency shall be mixed together and then arranged in convenient bundles and scrutinised. (2) The returning officer shall reject a ballot paper (a) if it bears any mark or writing by which the elector can be identified	 or (b) if	 to indicate the vote	 it bears no mark at all or bears a mark made otherwise than with the instrument supplied for the purpose	 or (c) if votes are given on it in favour of more than one candidate	 or (d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given	 or 199 (e) if it is a spurious ballot paper	 or (f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established	 or (g) if it bears a serial number	 or is of a design different from the serial numbers	 or	 as the case may be	 design	 or the ballot papers authorised for use at the particular polling station	 or (h) if it does not bear (both	 the mark and the signature) which it should have borne under the provisions of sub rule (1) of rule 38; Provided that where the returning officer 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; Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once	 if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked. (3) to (5): . . (6) Every ballot paper which is not rejected under this rule shall be counted as one valid vote: Clauses (a) and (b) of Rule 56(2) are referable to Rule 38 which requires every elector to whom ballot paper has been issued under Rule 38 to maintain secrecy of voting and "to make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote. " Rule 38 is also relevant. This Rule requires every ballot paper and the counterfoil attached thereto to be stamped on the back by the Presiding officer with such distinguishing mark as the Election Commission may direct. Every such ballot paper before it is issued is required to be signed in full on its back by the Presiding officer. Sub rule (2) requires that at the time of issuing of ballot paper	 the Polling officer shall on its counterfoil record the electoral roll number of the elector and obtain his signature or thumb impression. The object of these rules is to secure not only the secrecy of the ballot but also to eliminate chances of sharp practices in the conduct of elections. Their requirements are therefore mandatory	 and a defect arising from their non observance inexorably entails rejection of the defective ballot paper except to the extent covered by the Provisions to Rule 56(2). 200 In the case of 41 ballot papers mentioned in para 11(a)	 what happened was that instead of marking those ballot papers with the instrument supplied for this purpose by the Election Commission the electors concerned stamped it with the instrument meant to be used exclusively by the Presiding officer for stamping the counterfoils and lacks of the ballot papers. The Court had to apply its mind as to whether these facts by themselves were sufficient to attract Rule 56 2 (b) ? This question would further resolve itself into two issues: (i) Was the stamping instrument with which these electors "marked" the ballot papers	 given to them by the Presiding officer cr any member of his staff ? (ii) If so	 could these ballot papers be deemed to have been marked with "the instrument supplied for the purpose" within the contemplation of Rules 38 and 56(2)(b) ? The first one was an issue of fact	 the determination of which would depend on evidence. The second issue would arise only on proof of tile first	 and involve the question of interpreting and applying the phrase "instrument supplied for the purpose". This phrase is capable two interpretations one narrow and literal	 and the other liberal and contextual. Without there being any proof of the fact that the stamping instrument was handed over to the 41 electors by the Presiding officer/Polling officer	 a final expression of opinion on our part would be academic and premature. It will be sufficient to reiterate that the provisions of Rules 38 and 56(2) (a) and (b) with which we are concerned in this case are mandatory and strict compliance therewith is essential. Once it is established that the fault specified in clauses (a) or (b) of Rule 56(2) has been committed	 there is no option left with the Returning officer but to reject the faulty ballot paper. We would further make it clear that even if any such defect as is mentioned in clauses (a) or (b) of Rule 56 is caused by any mistake or failure on the part of the Returning officer or Polling Officer	 the Returning officer would be bound to reject the ballot paper on the ground of such defect. That such is the imperative of Rule 56(2) is clear from the fact that the said clauses (a) and (b) have advisedly been excluded from the first Proviso to Rule 56(2) which gives a limited discretion in the matter of rejection to the Returning officer only where the defect is of a kind mentioned in clauses (g) and (h) of this sub rule. In the view that such Rules relating to the conduct of elections	 are required to be observed strictly	 we are fortified by the ratio of this Court 's decision in Hari Vishnu Kamath vs Syed Ishaque and ors.(1) In That case	 voters for the House of the People in Polling Stations Nos. 316 and 317 in Sobhapur were given ballot papers with brown bar intended for the State Assembly	 instead of ballot papers with green bar which had to be used for the House of the People. The total number of votes so polled was 443	 out of which	 62 were in favour of the then appellant	 301 in favour of the first respondent therein and the remaining in favour of the other candidates. Rule 47(1)(c) of the Conduct of the Election Rules	 1951 provided that "a ballot paper contained in a ballot box shall be rejected if it bears 201 any serial number or mark different from the serial number or marks of ballot papers authorised for use at the polling station or the polling booth at which the ballot box in which it was found	 was used. " The election petitioner contended that in accordance with this rule	 the ballot papers received at the two polling stations	 not having the requisite mark; should have been excluded. The returned candidate pleaded that the Returning officer had rightly accepted 301 votes be cause Rule 47 was directory and not mandatory. It was contended that the electors were not at fault and that the wrong ballot papers were issued due to the lapse on the part of the Returning officer and that to reject the votes of the electors for the failure of the Polling officer to deliver the correct ballot papers under Rule 23 would be to disfranchise them	 and that a construction which involve such a consequence should not be adopted. This Court repelled the contention in these terms: "If the word 'shall is thus to be construed in a mandatory sense in Rule 47(1) (a)	 (b) and (d)	 it would be proper to construe it in the same sense in Rule 47(1) (c) also. There is another reason which clinches the matter against the 1st respondent. The practical bearing of the distinction between a provision which is mandatory and one which is directory is that while the former must be strictly observed in the case of the latter it is sufficient that it is substantially complied with. How is this rule to be worked when the Rule provides that a ballot paper shall be rejected ? There can be no degrees of compliance so far as rejection is concerned	 and that is conclusive to show that the provision is mandatory. " The above observations are apposite. Judged by the guiding principle enunciated therein	 it can safely be said that the provisions of rule 56(2) (a) and (b) read with Rule 38	 are mandatory and not merely directory. It was contended by the learned Counsel for the respondent before us	 that the Provisos to sub rule (2) of Rule 56 are only illustrative and not exhaustive	 and consequently	 the principles underlying these Provisos would give a discretion to the Returning Officer not to reject a ballot paper on the ground of a defect caused by mistake or negligence of the Presiding officer/or Polling officer	 notwithstanding that such defect is one mentioned in clauses (a)	 (b)	 (c)	 (d)	 (e) and (f) of Rule 56(2). This contention is not tenable. The word 'shall ' used in the opening Part of sub rule (2) read in the context of the general scheme of this Rule shows that it is mandatory. Sub rule (5)puts the matter beyond doubt. It says that "every ballot paper which is not rejected under this sub rule shall be counted as one valid vote". Rule 56 is a complete code by itself. The Provisos to Sub rule (2) are exhaustive of the kinds of defects which the Returning officer may condone	 if those defects are caused by the mistake or failure of the Polling Staff. The first Proviso is in terms limited to defects falling under Clause 202 (g) or (h). Neither of these Provisos appears to be attracted if the A defects is any of the defects mentioned in clauses (a) or (b). The learned Judge of the High Court has not applied his mind as to whether the facts alleged in Paragraph 11(b) of the petition	 if correct	 would fall within the mischief of clause (d) of Rule 56(2). This will necessarily require consideration of the issue whether there has been an infringement if any of the provisions of Rule 38	 referable to clause (a) of Rule 56(2). Another point in this context	 for consideration will be whether the "counterfoil" can be said to be an integral part of the "ballot paper" so that any writing or marks of identification of the voter on a counterfoil issued to the voter by mistake	 is to be deemed to be a defect of the nature mentioned in clause (a) of Rule 56(2). The High Court has not at all addressed itself any of these questions. Times out of number	 this Court has pointed out that a general Scrutiny and recount of the ballot papers should not be lightly ordered. Before making such an extraordinary order	 the Court must be satisfied that all the material facts have been pleaded and proved and that such a course is imperatively necessary in the interest of justice. In the case in hand. the allegations in the election petition (vide Paragraph 11) are confined to 41 plus 9	 total 50 votes only (vide Paragraph). There was no foundation in the petition for ordering a general recount. Nor could the Additional Pleas in the written statement of the returned candidate be taken into account for making an order for general inspection of the ballots	 because investigation of those pleas was beyond the scope of the case alleged in Para 11 of the petition falling under section 100(1) (d) (iii) of the Act. We have said enough. We will close the discussion by repeating the note of caution that this Court speaking through V. Krishna Iyer J. recently sounded in Chanda Singh vs Ch. Shiv Ram(1). "A democracy runs smooth on the wheels of periodic and pure elections. The verdict at the polls announced by the Returning Officers leads to the formation of Governments. A certain amount of stability in the electoral process is essential. If the counting of the ballots are interfered with by too frequent and flippant recounts by courts a new system is introduced through the judicial instrument. Moreover	 the secrecy of the ballot which is sacrosanct becomes exposed to deleterious prying	 if recount of votes is made easy. The general reaction	 if there is judicial relaxation on this issue	 may well be a fresh pressure on luckless candidates	 particularly when the winning margin is only of a few hundred votes as here	 to ask for a recount Micawberishly looking for numerical good fortune or windfall of chance discovery of illegal rejection or reception of ballots. This may tend to a dangerous disorientation which invades the democratic order by injecting widespread scope for reopen 203 ing of declared returns	 unless the Court restricts recourse to recount to cases of genuine apprehension of miscount or illegality or other compulsions of justice necessitating such a drastic step." In the result we allow the appeal and set aside the order of the High Court for general scrutiny and recount of the ballot papers. However	 the High Court will have to determine	 (after taking such evidence as may be necessary) inter alia	 (i) whether. the instrument which was used for marking the 41 votes (referred to in the election petition) was supplied to the voters by the Presiding officer or any other member of his Polling Staff. If on evidence adduced	 the learned Judge finds this issue in the affirmative	 the further question to be considered would be (ii) whether such supply would answer the legal requirement of "instrument supplied for the purpose" in Rule 56(2) (b). If both these issues (i) and (ii) are answered in the positive	 then and then only he may proceed to inspection and recount of these votes mentioned in the petition. Similarly	 after considering the legal questions indicated above	 he may order recount of the 9 votes alleged to have counterfoils attached thereto. There appears to be no justification for ordering a general inspection of the ballots on the facts of this case. The learned Judge shall proceed with the trial of the election petition in the light of what has been said above. Costs to abide the event in the High Court. P.H.P. Appeal allowed.

The appellant and respondent No. 1 and other candidates contested the election from U.P. Legislative Assembly Constituency (No. 293)	 Sarsaul. The appellant secured 23626 votes and respondent No. 1 polled 23604	 the margin being of 22 votes only. Respondent No. 1 filed an Election Petition challenging the election of the appellant inter alia on the ground that the result of the election so far as the returned candidate was concerned was materially affected by improper reception and rejection of votes and mistakes in counting. It was alleged that 41 ballot papers were rejected on the ground that the electors ' choice was expressed through the instrument meant for the Presiding officer for stamping on the reverse side of the ballot papers. the particulars of those ballot papers were given in Schedule annexed to she Election Petition. It was further alleged that some ballot papers were issued along with the counter foil and were therefore rejected. The appellant in his written statement denied the allegations and stated that the result of the election was not materially affected. Respondent No. I did not adduce any evidence in support of his allegations mentioned above but made an application before the High Court for scrutiny and recount of the ballot papers. The High Court allowed the application and directed scrutiny and recount of ballot papers on the following grounds: (a) The appellant woo by a very small margin of 22 votes (b) It was not disputed that a number of ballot papers were rejected because the polling staff forgot to detach the counter foils on a number of ballot papers. (c) It is also the admitted case or the parties that a number of ballot papers were rejected because the voters cast their votes by putting their mark not with the marking instrument issued by the Election Commission but with the marking or stamping instrument issued for the use of the Presiding officers. (d) lt is clear from the petition	 written statement and recriminatory petition filed by the respondent that both parties pleaded that there was wrong reception rejection and counting of votes. The appellant filed an appeal by special Leave against the said order of the Appellate Court. Allowing the appeal 	 ^ HELD : (1) The returned candidate had not categorically and specifically admitted the allegations made in the Election Petition with regard to the improper rejection of the ballot papers. [195F G] (2) Since the appellant did not admit the allegations	 the court could not dispense with proof of those facts altogether. [196A C] (3) The Additional pleas set up in the written statements were irrelevant to beyond the scope of the enquiry into the allegations in the Election Petition falling under section 100(1)(d)(iii) of the Representation of the People Act	 1951. These Additional pleas were in the nature of recriminatory pleas 192 which could not be investigated in this Election Petition. The scope of the enquiry is limited for the simple reason that what the clause requires to be considered is whether the election of the returned candidate has been materially affected and nothing else. [197C F] (4) The pleas of the returned candidate under section 97 have to be tried after declaration has been made under section 100 of the Act. [197F G] The learned judge as in error in ordering general inspection and recount of the total votes polled at the election	 merely because in these Additional Pleas the returned candidate also had by way of recrimination	 complained of wrong reception and rejection of votes and wrong counting of votes. [198B C] The High Court failed to apply its mind to the question	 whether if the facts alleged in the petition were assumed to be correct a prima facie case for improper rejection of the so ballot papers was made out. Rule 38 of the Conduct of Election Rules	 1961	 requires every ballot paper and the counter foil attached thereto to be	 stamped on the back by the Presiding officer with such distinguishing mark as the Election Commission might direct. Rule 56 requires every elector to whom ballot paper has been issued to maintain secrecy of voting and making a mark on the ballot paper with the instrument supplied the purpose by the Election Commission. The object of these rules is to secure not only the secrecy of the ballot but also to eliminate chances of sharp practices in the conduct of election. The requirements	 are	 therefore. mandatory and a defect arising from their non observance inexorably entails rejection of the defective ballot papers. [198D F; 199G H] The High Court had to apply its mind as to whether these facts by themselves were sufficient to attract rule 56. The High court had also to apply its mind as to whether the facts alleged in the petition	 if correct	 would fall within the mischief of rule 56. [200B; 202A B] Times out of number	 this Court has pointed out that a general scrutiny and recount of the ballot papers should not be lightly ordered. Before making such as extraordinary order	 the Court must be satisfied that all the material facts. have been pleaded and proved and that such a course is imperatively necessary in the interests of justice. In the present case. there was no foundation in the petition for ordering a general recount. Nor could the Additional Pleas in the written statement of the returned candidate be taken into account for making an order for general inspection of the ballots [202C E] The order of the High Court was set aside. [203B] The High Court was directed to decide the questions mentioned in this judgment and	 thereafter	 decided the application of the Respondent No. 1 for recount of the specific ballot papers [203B E]