(1.) PETITIONER , who was a returned candidate in the election of Sarpanch, Gram Panchayat Pachokhar, Janpad Panchayat Rampurnaikin, District Sidhi, in the election held on 27.1.2005, is aggrieved by an order dated 12.12.2005 Annexure P -3 passed by the respondent No. 11 the election tribunal, in the election petition filed by respondent No.1 Smt. Sushila Singh under section 122 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the "Act") by which the election tribunal has directed for the recounting of the votes.
(2.) THIS petition was filed on 14.12.2005. On 16.12.2005, this matter was listed for hearing and this Court directed that till 19.12.2005 status quo as on 16.12.2005 be maintained. The case was listed on 19.12.2005 on which date this Court directed that the authority shall proceed to recount of the votes but result shall not be declared and the order dated 16.12.2005 was modified accordingly.
(3.) THE petitioner has assailed the order Annexure P -3 on following grounds :