COURT OF APPEAL. 17 JANUARY 1914. MM. Bond (Pres.): Soudan, Muhammad Tewfik Nessim Bey (JJ.); Aly Maher Bey (State Rep.). MAHMOUD IBRAHIM EFFENDI v. HASSAN ALY SEIF EFFENDI. Electoral Law — I. Second ballot when no absolute majority on first—Meaning of "greatest number of votes." II. Second ballot—Invalidation—Candidates taking part in second ballot who did not obtain the greatest number of votes in the first—Effect on validity of election. (Law No. 30 of 1913, Art. 40.) I.—According to the terms of Article 40 of the Electoral Law only those candidates who have obtained the two highest totals of votes at the first ballot are entitled to take part in the second ballot. Where, therefore, each of two candidates has obtained a total number of votes greater than any total obtained by any other candidate, they alone are entitled to take part in the second ballot ; but if two or more candidates have tied in obtaining the second highest total in the first ballot, all those candidates who tied are entitled to take part in the second ballot together with the candidate who obtained the highest total. II.—An election is not necessarily invalid by reason of candidates other than those who had obtained the two highest totals of votes at the first ballot taking part in the second ballot, unless the final result was affected by the competition of such candidates. Where, therefore, on a second ballot in which candidates had taken part who were not entitled to do so, one candidate who was entitled to take part had obtained an absolute majority, the election is not invalidated by reason of the wrongful participation of the candidates, as such participation had in no way affected the final result. Cf. No. 42 infra.