(1.) THIS Writ Appeal has been filed challenging the order, dated 23-03-2009 passed by a learned single Judge of this court in W. P. No. 3384 of 2009, whereby and whereunder, the order, dated 17-02-2009 in e. O. P. No. 7 of 2006 passed by the Principal junior Civil Judge-cum-Election Tribunal under the A. P. Panchayatiraj Act, 1994, yelamanchili (hereinafter referred to as 'the tribunal'), was confirmed.
(2.) THE brief facts of the case are as follows: the Appellant herein and respondents 2 to 7 contested in the election for the post of sarpanch (President) of Gram Panchayat, payakaraopeta, Visakhapatnam District held on 02-08-2006. The Appellant herein has secured a majority of 106 votes and thus the respondents 2 to 7 were unsuccessful. No written objections were filed demanding recounting of votes. The results were declared and the appellant was declared as winning candidate. The second respondent herein filed Election O. P. No. 7 of 2006 before the Tribunal praying for a decree and judgment in his favour and against the appellant for recounting of the votes and for declaration that the action of the Election officer in declaring that the Appellant has won the election to the post of Sarpanch of the village as illegal and consequently to declare him as duly elected candidate to the said post and for costs.
(3.) THE allegations of the second respondent in the election petition were summed up by the Tribunal at para-23 of its order as under: