DHARA SINGH vs DISTRICT JUDGE, MEERUT & ANR.

The Supreme Court held that under the Uttar Pradesh Kshettra Samitis and Zilla Parishads Adhinayam, 1961, the District Judge was entitled to determine whether an uncounted ballot paper should have been counted in favor of the second respondent. The Court clarified that the returned candidate can present defenses to validate their election, and that the ballot paper in question was not an 'exhausted paper' as it contained a preference for a continuing candidate. The appeal was dismissed, affirming the District Judge's decision to count the ballot in favor of the second respondent.