Mr. Rajesh Bindal J.: - Challenge in the present appeal is to the order dated 20.7.2010, passed by Presiding Officer, Election Tribunal, Moga (for short, ‘the Election Tribunal’), whereby after re-counting of votes, respondent No. 1- Balwinder Singh was found to have got 294 votes and appellant-Jalaur Singh got 292 votes. As a consequence thereof, Balwinder Singh was declared elected as Panch of Gram Panchayat, Kariyal, Tehsil and District Moga.

2. Briefly, the facts are that after the election for the members of Gram Panchayat, Kariyal on 26.5.2008, the same was challenged by respondent No. 1- Balwinder Singh. In his petition, the Election Tribunal, vide order dated 10.7.2009, directed for re-counting of votes. The aforesaid order was challenged by the present appellant in this court by filing Civil Revision No. 3888 of 2009, which was dismissed on 16.7.2009 upholding the order directing for re-counting of votes. Thereafter, re-counting of votes was done and even the result thereof was challenged by the present appellant before this court by filing FAO No. 4767 of 2009, which was allowed. This court, while setting aside the order, remitted the matter back to the Election