Mr. Daya Chaudhary, J.:- The present appeal has been filed against the Order dated 26.08.2009 passed in Election Petition under Sections 74 to 77, 79 and 90 of Punjab State Election Commission Act, 1994, vide which, the election petition filed by the respondents was accepted and the election of present appellant was set aside.

2. Briefly the facts of the case are that the appellant as well as respondent No.1 contested the election of Gram Panchayat Thikriwala which was held on 22.06.2008. The appellant was declared elected. However, the respondent No.1 challenged the election of present appellant before the Election Tribunal (Deputy Commissioner), Barnala by filing petition under Sections 74 to 77, 79 and 90 of the Punjab State Election Commission Act, 1994. Vide Order dated 26.08.2009, the election petition was allowed and the election of present appellant was set aside.

3. Notice of motion was issued on 24.09.2009 and operation of the impugned Order was also stayed. Learned counsel for the appellant has challenged the impugned Order passed by the Tribunal mainly on the ground that certain votes were liable to be cancelled but the same were not cancelled and were counted