( 1 ) THIS Writ Petition is filed aggrieved by the order passed by the Junior Civil Judge, Jedcherla in O. P. No. 1/96 dt. 4-10-99 in which the election of the petitioner as Sarpanch of Alwanpalli Grampanchayat, Jedcherla Mandal, Mahabubnagar District was set aside and the first respondent was declared elected as Sarpanch of the said village.

( 2 ) THE writ petitioner, first respondent and another contested the election to the office of Sarpanch of Alwanpalli Grampanchayat held on 27-6-1995. The writ petitioner was declared elected as Sarpanch of the village by a margin of three votes by the Returning Officer on 21-10-1995. Questioning the declaration of election results, the first respondent herein filed O. P. No. 12/95 before the Principal Junior Civil Judge, Mahabubnagar on 2-11-1995 which was registered on 6-12-1995 and transferred to the Junior Civil Judge, Jedcherla and renumbered as O. P. No. 1/96. The election petitioner stated that the recounting of votes undertaken by the Election Officer pursuant to the Circular No. E/1864/1995 dt. 19-10-1995 issued by the Chief Election Commissioner and announcing results declaring the first respondent elected as Sarpanch is contrary to the Conduct of Election Rules. According to the first respondent-election petitioner, she secured 425 votes, whereas the writ petitioner secured 423 votes at the time of counting which took place on 27-6-1995 and at the request of the writ petitioner, recounting was done second time and confirmed the figures and votes secured by the first respondent-election petitioner. The Election Officer without any valid reason recounted the votes on 21-10-1995 and tampered the votes polled in favour of the election petitioner and declared some votes invalid and after doing so, he declared the writ petitioner elected as Sarpanch.

( 3 ) THE said O. P. No. 12 of 1995 was contested by the writ petitioner admitting the counting of votes which took place on 27-6-95 but she denied the election petitioner securing more votes than her and she stated that at the time of counting it was raining heavily and the school building in which counting was in progress there was no electricity supply and that counting took place with the aid of candles. Neither the writ petitioner nor her agents were present at the time of counting, hence she gave an application for recounting to the authorities after coming to know of the counting which had taken place on 27-6-95. Neither the election petitioner nor other contested candidates were aware of the results and votes secured at the time of counting on 27-6-95. Pursuant to the orders issued by the Chief Election authority, counting was done on 21-10-1995. The election petitioner having participated in the recounting without any protest which was done in the presence of all the contested candidates and their agents and have signed the result sheet accepting counting, is estopped from challenging the recounting process as improper. She also denied about the irregularities committed at the time of recounting and with regard to invalid votes etc. It is also stated in the counter the relief of declaring the election petitioner as duly elected Sarpanch, cannot be granted. The election petition filed by the petitioner herein is barred by time.

( 4 ) IN order to substantiate her case, the respondent No. 1 who filed election petition examined herself as P. W. 1 and two more witnesses were examined on her behalf and Ex. A-1, Form No. 17 declaration was marked on her behalf. The writ petitioner herself examined as R. W. 1 and one more witness was examined and Exs. R-1 to R-4 were marked on her behalf.

( 5 ) BASING upon pleadings of the parties, the Election Tribunal framed the following points for consideration:. Whether the recounting of votes on 21-10-1995 is valid?whether the petitioner herein secured the highest number of votes than the first respondent?3 Whether the petition is liable to be dismissed summarily for not deposit