( 1 ) THIS writ petition has been filed by the unsuccessful petitioner in O. P. No. 3 of 2001 on the file of the Junior Civil Judge, Jedcharla, whereby the Election Petition filed by the petitioner ended in dismissal.

( 2 ) THE petitioner and the 2nd respondent along with others namely Afzalunnisa Begum, g. Parvathamma, Razia Sulthana, G. Rama devi and Laxmamma, contested for the post of Sarpanch of Gram Panchayat kaverammapet (Jadcharla) in the election held on 17-8-2001. In the said election, k. Lalithamma-2nd respondent was declared elected by a margin of 14 votes. During the process of counting, the petitioner made a request for re-counting. The Election Officer recounted only the invalid votes and declared k. Lalithamma-2nd respondent as duly elected by a margin of 14 votes. The petitioner filed election petition contending that she sought for recounting of entire votes whereas the Election Officer recounted only invalid votes. Further allegation made in the election petition is that some votes polled in favour of the petitioner had been erroneously shown as having been polled in favour of the 2nd respondent when the electricity went off. The respondents filed counters resisting the election petition. Both the respondents took the stand before the election Tribunal that there were no irregularities either in conducting the election or in counting the votes polled and that no application was filed by the petitioner or any one of the contesting candidates for recounting before the Election officer.

( 3 ) BEFORE the Election Tribunal, the petitioner got herself examined as P. W. 1 besides examining Nityanand as P. W. 2 and got marked six documents as Exs. A-1 to a-6. The 2nd respondent besides examining herself as R. W. 3, examined one Krishna kumar as R. W. 1, A. Satyanarayana as R. W. 2 and D. Srinivas as R. W. 4 and got marked original Form No. 17 as Ex. B-1. The learned election Tribunal framed the following points for consideration: (i) Whether there was proper application for re-counting of votes at the relevant time by the petitioner or her counting agents? (ii) Whether there was recounting of votes? (iii) Whether the declaration of election of 2nd respondent to the office of sarpanch of Grampanchayat, kaverammapet (Jadcherla) is not proper and there were any irregularities during the entire election process ? (iv) Whetherthere are sufficient grounds to order for recounting of votes as prayed for and whether the petitioner is entitled for the relief claimed by her?

( 4 ) ON considering the evidence brought on record and on hearing the counsel for both the parties, the learned Election Tribunal held all the points against the petitioner and thereby, dismissed the petition by order, dated 28-3-2002. Hence, the writ petition by the unsuccessful petitioner in O. P. No. 3 of 2001.

( 5 ) LEARNED Counsel appearing for the petitioner submits that the Election Tribunal went on wrong premise that the Tribunal has no jurisdiction to order for recounting. He further submits that total number of votes polled in favour of the contesting candidates and the invalid votes put together do not tally with the total number of votes polled and, therefore, it is a fit case to order for recounting of the votes polled. A further submission has been made by the learned Counsel for the petitioner that the petitioner requested for re-counting soon after completion of the counting, but the Election Officer ordered for recounting of only invalid votqs instead of recounting the entire votes and thus, in the circumstances of the case, the Election tribunal ought to have ordered for re-counting of the total number of votes polled.

( 6 ) LEARNED Counsel appearing for the 2nd respondent submits that R. W. 1, who is election Officer, has clarified the discrepancy as to certain corrections appearing on ex. B-1-Original Form No. 17. He laid much emphasis on the cross-examination of R. W. 1.

( 7 ) IT is stated by R. W. 1 in his cross-examination as follows:

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