JUDGMENT - S.S. DANI, J.:---Loni Vyanknath is a Constituency of Shrigonda Taluka Panchayat Samiti, District Ahmednagar. An election of this constituency took place on 2-3-97. The petitioner, respondent No. 1 and respondents No. 5 to 8 were the constesting candidates. The counting was done on 3-3-1997 by about 7 p.m. and the Returning Officer respondent No. 3 declared the present petitioner as elected by 23 votes. The present respondent No. 1 had applied for recounting of the votes but, it came to be rejected by the respondent No. 3. The present respondent No. 1 then approached the District Court, Ahmednagar and filed Election Petition No. 1 of 1997 challenging the election of the present petitioner. During the pendency of the election petition, the respondent No. 1 filed an application (Exh. 16) for calling the used Voters' list and other election record on 14-3-1997 which came to be granted by order of the District Court on 29-3-1997. The petitioner then took up the matter to this Court in Writ Petition No. 1578/1997 and by an order dated 24-4-1997, this Court directed the lower Court to decide the applications on hearing both the parties. The respondent No. 1 then filed an appli

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