- (1.) Leave granted.
(2.) Challenge in this appeal, by Special Leave, is to the judgment and order dated 27th September, 2007, rendered by the High Court of Judicature of Andhra Pradesh at Hyderabad. By the impugned judgment, the High Court has affirmed the order, dated 10th August, 2007, passed by the Principal Junior Civil Judge, Kovvur, (hereinafter referred to as "the Election Tribunal") in E.O.P. No.7 of 2006, ordering re-count of the votes cast in the election for the post of Sarpanch of a Gram Panchayat.
(3.) Briefly stated, the material facts, giving rise to the present appeal are as follows: Election to the post of Sarpanch of Gram Panchayat of Ravimetla Village, Nidadavole Mandal, West Godavari District in the State of Andhra Pradesh was held on 2nd August, 2006. The appellant, the first respondent (hereinafter referred to as the "election petitioner"), and two others contested the election. Upon counting of votes, the appellant secured 552 votes and the election- petitioner, the nearest rival, got 550 votes. 67 votes were declared to be invalid. The election petitioner made a request to the Election Officer, respondent No.4 in this appeal, for a re-count of the votes. His request was acceded to. In the re-count, the number of invalid votes was reduced to 65 as 2 votes were found to be valid, one each cast in favour of the appellant and the election petitioner. Thus, the difference of votes between the appellant and the election petitioner continued to be that of 2 votes. Accordingly, the appellant was declared as elected.;