Election petition

In an election of governing body of a charitable organisation the returning officer has not acted as per the Sn 102 of RP Act. The by-law of that organisation also stipulates the same clause. In that election two candidates got same number of vote. At that juncture one candidate withdrawn his candidature by giving a letter to the ruturning officer that he is not interested to continue in that post. So the returning officer declared that the other person as elected. Then he became an office bearer of that organisation. Is this a fair practice ? Wether the act of the Returning officer is legal or illegal. Whether the right of the voters is infringed by the decision of the Returning officer to select an office bearer of their choice. What are the remedies for the voters to get an order as the election is null and void.