ORDER

Elections to Gram Panchayat, Bhaike-Bhasaur, District Sangrur, Punjab took place on 21st of June, 1998. Appellant and respondent No. 1 contested the election to the office of Sarpanch. Respondent No. 1 was declared elected by a margin of 27 votes. Appellant filed an election petition before the Tribunal under Section 77 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as the Act ). One of the main reliefs claimed in the election petition by the appellant was for recount of votes and that the appellant be declared elected to the post of Sarpanch. It was alleged that illegal votes had been counted in favour of the returned candidate while valid votes of the appellant had been left out from counting. After framing of issues and recording of evidence, the Tribunal vide order dated 6th of July, 1999 directed recount of votes. Respondent No. 3 - SDM, Moonak was directed to recount the votes on 19th July, 1999. The order of recount was challenged by the returned candidate in the High Court and on 24th August, 1999, the challenge succeeded and order of the Tribunal dated 19th July, 1999 was set aside. Hence, this appeal by special leave by the appellant - th