- (1.) C.M. No. 22273-CII of 2015 Prayer in this application is for condonation of delay of 17 days in filing the appeal. 2. For the reasons mentioned in the application which is supported by the affidavit of the applicant-appellant, the same is allowed. Delay of 17 days in filing the appellant stands condoned. FAO No. 7066 of 2015 Challenge in this appeal is to the order dated 07.08.2015 passed by the Election Tribunal, Ferozepur, whereby, the election petition preferred under Section 76 and 89 of the Punjab State Election Commission Act, 1994, read with Rules 50 to 52 of the Punjab Panchayat Election Rules, 1994, challenging the declaration of Anoop Singh-respondent No. 3 as Sarpanch of the Gram Panchayat village Dhira Patra, Block Ferozepur, District Ferozepur, in the Gram Panchayat elections held on 03.07.2013, stands dismissed.
(2.) It is the contention of the learned counsel for the appellant that the only emphasis of the appellant-petitioner was for recount of the votes as there was a difference of only two votes between the appellant and respondent No. 3 in the elections. He contends that merely on technical grounds, the election petition has been dismissed. He submits that the intent as has already been stated was for recounting of the votes as the margin between the votes was very less and merely because it has not been mentioned that the eleven votes which have been cancelled, have been so done wrongly would not deny him the benefit of rechecking of the votes to ascertain whether these were rightly or wrongly cancelled. He contends that the impugned order, thus, cannot sustain.
(3.) I have considered the submissions made by the learned counsel for the appellant and with his assistance, have gone through the impugned order as also the pleadings which have been placed on record.;