M. JAGANNADHA RAO, J.

( 1 ) THE question as to what could be treated as material facts for purposes of Sec. 83 (1) (a) of the Representation of People Act, 1951, corresponding to Rule 51 (2) of the A. P. Gram Panchayats (Conduct of elections) Rules, 1978, arises for discussion in this writ petition.

( 2 ) THE petitioner Sri T. Penchalaiah was declared as Sarpanch of the Bogulu gram panchayat, Nellore District by a majority of 27 votes in an election held on 14-3-1988 and one of the four unsuccessful candidates, Smt. Ch. Padmalata (2nd respondent in this W. P.) 61ed the election petition o. P. No. 9 of 1988 before the Election Tribunal-cum-Principal District munsif, Kavali, seeking recount on the ground of several irregularities in the process of counting and the learned tribunal, oy an elaborate judgment dated 18-8-1989, allowed the petition and ordered recount. It is against this order that the successful candidate has preferred this writ petition. The election petition contained certain allegations regarding irregularities in counting and these were disputed in the counter filed by the writ petitioner.

( 3 ) THE election petitioner examined herself as P. W. 1 and one of her co

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