GHULAM MOHAMMED, J.

( 1 ) THIS writ petition is filed seeking a writ of certiorari to quash the order of the Election tribunal-cum-Junior Civil Judge, Nakrekal, nalgonda District, in O. P. No. 7 of 2001 dated 29-10-2002 by which the Election tribunal declared the election of the petitioner to the post of Sarpanch of kondakindigudem Gram Panchayat, kethepally Mandal, Nalgonda District as invalid and further declared the 1st respondent herein as having been elected to the post of Sarpanch of Kondakindigudem gram Panchayat, Kethepally Mandal, nalgonda District.

( 2 ) THE brief facts of the case may be noticed thus: Pursuant to the notification dated 1-8-2001 issued by the State Election commission, elections were held on 17-8-2001 to the post of Sarpanch and members of Kondakindigudem Gram panchayat, Kethepally Mandal, Nalgonda district. The petitioner herein, 1st respondent and the 2nd respondent herein had contested the election to the post of sarpanch. The petitioner herein was declared to have been elected by securing 301 votes as against the 1 st respondent who had secured 300 votes. The 3rd respondentstage i Election Authority, ordered repoll on the alleged ground that the supporters of the 1st respondent damaged the ballot bundles and ballot papers when the 1st respondent was declared to have been defeated by one vote. Thereupon repolling was conducted on 20-8-2001 and again the petitioner herein was declared to have won the election by one vote as against the 1 st respondent. At that stage, the petitioner requested for recounting. The Election Authority recounted the votes and finally the petitioner was declared to have won the election by a margin of one vote against the 1st respondent. In this regard the Election authority had also issued Form No. 17 declaring the election of the petitioner as sarpanch.

( 3 ) AGGRIEVED by the election of the petitioner, the 1st respondent herein filed o. P. No. 7 of 2001 of the file of the Election tribunal-cum-Junior Civil Judge, Nakrekal.

( 4 ) IN the said election petition, the 1st respondent herein alleged that respondent nos. 3 to 5 who were the election authorities committed certain irregularities in the conduct of election in connivance with the petitioner herein. It was alleged that the petitioner herein had distributed bottu billalu among the voters requiring them to mark the ballot papers with those bottu billalu with a view to ensure that the electors could be identified. Some of the voters were alleged to have marked the ballot papers with such bottu billalu. The 1st respondent here it alleged in the election petition that the 3rd respondent - Stage I Election Authority am the 4th respondent - Stage II Election Office had counted 50 votes which contained bottu billalu, in favour of the petitioner though they should be declared as invalid and thus the 3rd and 4th respondents committed illegality in the conduct of election. It was also pleaded that though the 1st respondent protested at the time of counting of such 50 votes and also later made appeals to the 3rd and 4th respondents in this regard they paid a deaf ear.

( 5 ) THE petitioner herein filed counter denying all the allegations made in the election petition. She specifically denied the allegation of the ballot papers with bottu billalu. She also denied the allegation of collusion with the 3rd and 4th respondents in order to get her elected. The 4th respondent stage II Election Officer filed counter specifically denying all the allegations. The 3rd respondent - Stage I Election Authority and the 5th respondent - District Collector had adopted the counter filed by the 4th respondent. The 2nd respondent who was also one of the contestants for the post of sarpanch remained ex parte.

( 6 ) BEFORE the Election Tribunal, the election petitioner - 1st respondent herein was examined as P. W. 1 and her counting agent was examined as P. W. 2. On her behalf Exs. A-1 to A-6 were marked. The petitioner herein was examined as R. W. 1

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