S.S. Nijjar, J. - This Letters Patent Appeal is against the order dated 25.07.2006, passed by the learned Single Judge in C.W.P. No. 172 of 006.

2. The elections to the Gram Panchayats in the State of Haryana were held on 9.4.2005. The appellant Lillu Ram contested the election for the office of Sarpanch, Gram Panchayat, Nathupur, Tehsil and District Gurgaon. There were eight candidates including the appellant and Smt. Shiela (Respondent No. 2) who contested for the office of Sarpanch. In the elections that were held, the appellant secured 973 votes whereas Smt. Sheela (Respondent No. 2) secured 971 votes. There was, therefore, a difference of two votes only between the said two candidates. After declaration of the election result, Smt. Sheela (Respondent No. 2) filed an election petition dated 29.4.2005 (Annexure P-1) under Section 176 of the Haryana Panchayati Raj Act, 1994 ("Act" for short). The said provision provides for the determination of validity of election inquiry by Judge and the procedure therefor. The election petition was registered as Petition No. 18 of 2.5.2005. The Respondent No. 2 in her petition also sought the re-counting of votes and for nullifying the entire election process; besides for declaring her as elected to the office of Sarpanch of Gram Panchayat, Nathupur. The setting aside of the election was inter alia sought on the grounds that the doors of the polling station of the elections which was at Government Primary School, Nathupur were closed at 3.45 P.M. while the time for polling was till 4.00 P.M. Before the polling time was over, the ballot boxes were brought out to a bus parked behind the polling station at the instance of Om Parkash, Returning Officer (respondent No. 9) and the S.D.M. Gurgaon. The ballot boxes without prior notice to respondent No. 2 were then transferred to John Hall, Gurgaon. The Respondent No. 2 and her agent were stopped from entering and being present at the time of counting of votes. The appellant and his agents were, however, allowed to enter the John Hall and be present at the time of counting. The counting was, therefore, done without the presence of Respondent No. 2 or her agent. It was a conspiracy of the election staff and its officers so as to manipulate the votes and declare the appellant as elected. The Respondent No. 2 further alleged that she has reasons to believe that bogus/coined votes were manufactured in favour of the appellant during the counting of votes, which were taken as votes that had been validly cast. The respondent No. 2 could not at that time pray for re-count of votes as she was prevented from being present at the time of counting. There has, thus, been an improper rejection of valid votes and improper acceptance of invalid and bogus votes which materially affected the result of the election. It is also alleged that in the voters list prepared for election of the Nathupur Panchayat, voters of the Gram Panchayat of village Paroli, Tehsil and District Faridabad were also enrolled. They had cast their votes at Paroli and also at Nathupur. Besides, several persons cast their votes twice in villages Alawardi and Nathupur. A list of the various voters which has been prepared, has been indicated in the election petition (Annexure P-1). The votes of many voters who had died, had also been polled by others. The names of the dead persons and the votes polled have also been indicated. It is also alleged that in the presence of the agent of respondent No. 2 at the polling booth in village Nathupur, the total number of votes that were polled was 2925 votes. However, in the result declared on 9.4.2005 only 2896 votes had been shown to have been polled. The Respondent No. 2 through her agent moved an application dated 9.4.2005 (Annexure R-2/2) before the Deputy Commissioner, Gurgaon, stating therein that in the counting of votes respondent No. 2 had been declared elected but on the pretext of calculation she was shown as defeated by a margin of tw