JUDGMENT

S.B. Sinha, J.—Leave granted.

2. Gram Panchayat Ralla is situated in the District of Mansa in the State of Punjab. Election to the post of Sarpanch of the said Gram Panchayat was held on 29.6.2003. The Appellant and the First Respondent herein were the only two contestants, polling wherefor was held in four booths being Nos. 41, 42, 43 and 44. The Appellant was declared elected having polled 2004 votes as against 1900 by the First Respondent. 147 votes were rejected. The First Respondent herein allegedly made all attempts to disturb the counting process. He however, did not lodge any complaint with the Returning Officer. The wife of the First Respondent incidentally was elected as Sarpanch in the earlier term.

3. An election petition was filed by the First Respondent on 28.7.2003 inter alia praying for the following relief:

“...Therefore, the petition is presented it is prayed that the petition may kindly be accepted with costs and the recounting of the votes for the election of Sarpanch may kindly be ordered and election of Respondent No.1 as Sarpanch may be set aside and the petitioner be declared as the elected Sarpanch of Gram Panchayat of Village Ralla.”

4. In the said ele