( 1 ) THE petitioner was elected as Sarpanch of Yellatur Gram Panchayat. His election was challenged under Section 233 of A. P. Panchayat Raj Act, 1994 (for short, the Act), read with Rule 2 (1) of A. P. Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (for short, the Rules ). After parties completed pleadings, the matter went in trial. The petitioner completed his evidence. First respondent who filed election petition being E. O. P. No. 24 of 2001 before the Election Tribunal-cum-Junior Civil Judge, Cuddapah filed an affidavit in lieu of chief examination. Contending that affidavit in lieu of chief examination contains various averments, which were not taken in the election O. P. the petitioner filed I. A. No. 270 of 2003 under Section 151 of Code of Civil Procedure, 1908 (CPC) praying the Election Tribunal to set aside the sworn affidavit of first respondent herein. The application having been rejected by order dt. 31. 3. 2003 the petitioner initially filed a Civil Revision Petition under Article 227 of the Constitution. When this Court on 31. 3. 2003 observed that such revision petition is not main