SYED SHAH MOHAMMED QUADRI, J.

( 1 ) THESE two writ petitions arise under the same circumstances and raise common questions of law, therefore they are heard together and are being disposed of by a common Judgment.

( 2 ) TO appreciate the questions involved in these cases we shall refer to the facts stated in W. P. No. 24086 of 1995.

( 3 ) CONSEQUENT upon the declaration of the Government to hold elections for the Gram Panchayats in the State, elections to the post of Sarpanch of mittanandhimalla Gram Panchayat were held on 3-7-1995. The petitioner and the fourth respondent contested for the said post Counting of the votes was done on the same day, at about 4-30p. m. by the Election Officer, the first respondent. The result of the counting was made known to the parties on making entries in Form-17 which shows that the petitioner secured 329 votes; and the fourth respondent secured 328 votes; 24 votes were found to be invalid and were rejected. A batch of Writ Petitions was pending in this Court wherein declaration of results of elections to the Gram Panchayats, was stayed by a division Bench of this Court. However, after disposal of the batch of Writ petitions appeals were filed in th

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