S. N. SRIVASTAVA, J.

( 1 ) THE dispute in the instant petition has its genesis in the election held for electing Gram pradhan of Village Nanak Nangalli Tahsil Amroha District J. P. Nagar. Respondent no. 5 being close runner to the petitioner instituted election petition before the Election Tribunal presided over by the Addl. Sub Divisional Officer Amroha who in turn, passed the impugned order dated 24:9. 2002 directing recounting of votes. This order led to filing of revision and the revisional court upheld the impugned order terming it as interlocutory order and consequently dismissed the revision by means of order-dated 17. 2. 2004. It is in the above perspective that the instant petition has been preferred under Article 226 of the Const. Of India.

( 2 ) IN the election, the petitioner and respondent No. 5 according to declaration made by the returning officer polled 309 and 308 votes respectively and consequently, the petitioner was declared elected by one vote. The respondent No. 5 preferred the election petition before the election Tribunal on various grounds and one of the ground was misfeasance in counting which turned the scale in favour of petitioner who was declared electe

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