Heard the counsel on record.

2. The learned counsel representing the writ petitioner Sri P. Giri Krishna states that when the petitioner requested for recounting and made an application, the Returning Officer is not justified in declaring the result of the election. The learned counsel also had taken this Court through the relevant Rules and would contend that in the facts and circumstances of the case, the direction, which is prayed for in the Writ Petition, be granted or rule nisi to be issued and appropriate interim direction to be granted.

3. On the contrary, Sri Prabhakar Rao, learned Standing Counsel representing respondents 1 to 3, would maintain that inasmuch as the Returning Officer already had rejected the plea of the petitioner and in view of the fact that the result of the election also had been duly declared, the remedy available to the writ petitioner is only to approach the Election Tribunal and hence at this stage the Writ Petition cannot be entertained.

4. The Writ Petition is filed praying for a writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents 1 to 3 in not recounting the votes polled for ZPTC, Yadagirigutta Constituency of Nalgonda district on representation of the petitioner dated 4-7 -2006 for recounting and the rejection of the representation made by the petitioner as illegal, arbitrary and against the principles of natural justice and the Rules of Conduct of Election Rules under A. P. Panchayat Raj Act and consequently direct the respondents 1 to 3 to recount the votes polled on 28-6-2006 for ZPTC, Yadagirigutta Constituency of Nalgonda District and pass such other suitable orders.

5. It is stated that at present the petitioner is Mandal President of Yadagirigutta Mandal Parishad, Nalgonda District and she had contested for ZPTC, Yadagirigutta as independent candidate. The polling took place on 28-6-2006 and the counting was conducted on 4-7-2006. In the said counting, 4th respondent was declared elected and he got 11836 votes whereas the petitioner got 11750 votes and the difference between the petitioner and the returned candidate, who was declared elected, was only 86 votes. Several other factual details relating to the total number of votes polled also had been narrated. It is also stated that the Returning Officer had rejected her plea for recounting on the ground that he was already tired by the process and that there may not be any discrepancy. It is also stated that the Returning Officer had issued a letter rejecting her plea or the ground that all the polling agents and candidates already had signed on the requisite papers and hence the recounting is no necessary. It is also stated by the writ petitioner that though the election can be challenged by way of Election Petition inasmuch as the grievance is a genuine grievance and in view of the representation made, her request may be considered.

6. In G.O.Ms.No.755, Panchayat Raj Department, dated 30-11-1994 as amended by G.O.Ms.No.80, Panchayat Raj and Rural Development Department dated 7-2-1995, the A.P. Panchayat Raj (Conduct of Elections of Members and Sarpanch of Gram Panchayats, Members of Mandal Parishads and Members of Zilla Parish ads) Rules, 1994, hereinafter in short referred to as Election Rules, had been issued in exercise of the powers conferred under Section 268(1) of the A.P. Panchayat Raj Act, 1994. Rule 35 of the said Rules dealing with recounting of votes, reads as hereunder:

"Recounting of votes:

(1) After such announcement has been made under sub-rule (7) of Rule 34, a candidate or, in his absence, his election agent or any of his counting agents may apply in writing to the Election Officer for recounting of the votes either wholly or in part stating the grounds on which, he demands such recount;

(2) On such an application being made, the Election Officer shall decide the matter and may allow the application in whole or in part or may reject it wholly if it appears to