Swatanter Kumar, J.

1. The petitioner-Darshan Singh has challenged in this petition under Article 227 of the Constitution of India the order dated 18th January, 2000. Annexure P-3 to the petition, passed by the Deputy Commissioner-Cum-Presiding Officer, Election Tribunal, Bathinda, (hereinafter referred to as the Tribunal) ordering recount of the votes.

2. Learned counsel appearing for the petitioner has impugned the said order mainly on the following grounds:-

a) the order of recount is not based on substantial pleading and material evidence;

b) the grounds pleaded by the election-petitioner before the Tribunal are so inter-mingled with other grounds that order of recount could not be passed independent of the decision of other grounds; and

c) the Tribunal ought to have decided the issue of maintainability of the petition before passing the impugned order.

3. On the other hand, learned counsel appearing for the respondents has argued that the impugned order is a valid order, in consonance with the settled principles of law and has been passed within four corners of the statutory provisions and with definite material in support thereof on the record.

4. In order to apprecia