( 1 ) THIS Letters Patent Appeal is filed against an order passed by the learned single Judge in Special Civil Application No. 160 of 1997. By the said order, the learned single Judge dismissed the petition filed by the petitioner for recounting of votes.

( 2 ) IT is the case of the appellant that election of Sarpanch of Lodarani Panchayat was held on June 21, 1995. It was reserved for Scheduled Caste. Over and above the appellant, nomination of Respondent Nos. 1 and 2 were also accepted by the election Officer. The polling took place on June 21, 1995. Votes were counted on june 24, 1995 wherein 1st respondent was found to have got largest number of votes to get elected candidate. Recounting was demanded by the appellant which was granted. On recount, the appellant was found to have polled maximum number of votes and was declared as elected candidate. In these circumstances, first respondent filed Election Petition No. 2 of 1995 in the Court of the Civil Judge (J. D.), Tharad under S. 31 of the Gujarat panchayats Act, 1993 on July 5, 1995. On the same day, he filed an application exh. 5 for recounting of votes on which notice was issued by the Election Tribunal and h