G.N.Prasad, J.

1. The petitioner before this court is the first respondent to an election petition which has been filed under the provision of Rule 72 of the Bihar Panchayat Election Rules, 1959, for avoiding his election to the office of the Mukhiya of Besardh Gram Panchayat., within Murliganj Anchal of the district of Saharsa. He has filed this application under Articles 226 and 227 of the Constitution of India against the order of the Election Tribunal for recount of the ballot papers pertainnig to the impugned election. The main contention of the petitioner is that the Election Tribunal dealing with an election petition under the Bihar Panchayat Election Rules, 1959 , hereinafter referred to as the Rules, is not competent to hold a recount of the ballot papers relating to the impugned election.

2. The election in question was held on the 9th June, 1965. Besides the petitioner, four other candidates had filed their nominations, but the nomination paper of one of them was rejected and two of the other candidates withdrew their candidatures. So the real contest was between the petitioner and Shri Bhola Prasad Mandal, opposite party No. 1 in this court. As a result of the c