K.Kannan, J.

1. In an election petition before the Additional Civil Judge (Senior Division), Sirsa filed under the relevant provisions of the Panchayati Raj Act, the Court passed an order directing recounting of votes, having due regard to the fact that the elected candidate had won on a margin of two votes and the counter allegations regarding that character of votes polled in the name of respective parties. In particular, the contention of the petitioner assailing the result was that 53 votes which were cast in his favour had been wrongly not counted and 18 which were invalid had been counted valid in favour of the respondent. The contention of the petitioner also was that immediately after the voting was complete by the Returning Officer, the petitioner had given a petition and sought for recounting of votes as provided under Rule 6.9 of Haryana Panchayati Raj Election Rules, 1994. The Election Officer in his evidence however denied the receipt of any such request for recounting and consequently, the copy of the requisition allegedly made by the petitioner before the Court below was not accepted, although it was assigned Mark-A before the trial Court.

2. Learned counsel