JUDGMENT

Dr. D.Y. CHANDRACHUD, J.

1. The appellant and the first respondent contested elections for the post of Ward Councilor, from Ward No 18 of the District Council of Mahendergarh. The results of election were declared on 28 January 2016. The appellant was declared to be the elected candidate. On 10 February 2016, the first respondent filed an Election Petition namely, Civil Suit 9/2016 (CS 1086/2016) under Section 176 of the Haryana Panchayati Raj Act 1994 challenging the election of the appellant. Upon service of the election petition, the appellant filed an application under Order 7 Rule 11 of the CPC for rejection of the petition on the ground that the first respondent had failed to present it in person as required by Section 176. Notice was issued on the application. The respondent filed her reply. On 1 March 2016, the first respondent moved an application for withdrawal of the election petition. The application was allowed by the Civil Judge, Junior Division on the same day and the first respondent was permitted to withdraw the election petition with liberty to institute a fresh petition. Subsequently on 2 March 2016 the first respondent filed a second election petition, C