JUDGMENT

S.N. Variava, J.-Leave granted.

2. These Appeals are against the judgment dated 27th March, 2001. Briefly stated the facts are as follows:

3. On 20th January, 2000 the election for the post of Sarpanch, Gram Panchayat, Ringnodiya, Indore was held. After the counting of the votes, the Appellant was orally informed that he had won the elections. However when the result was officially declared, Respondent No. 1 was shown to have won. The Returning Officer then issued a certificate showing that Respondent No.1 had won.

4. The Appellant, therefore, filed an election petition before the Sub-Divisional Officer, Respondent No. 1 evaded services. By an ex-parte Order the Sub-Divisional Officer directed recounting of ballot papers. On such recounting it was found that in respect of booth No. 151 the votes polled in favour of the Appellant had been erroneously shown as having been polled in favour of Respondent No. 4. On a recounting of the votes it was found that the Appellant had won. The Sub-Divisional Officer, therefore, corrected the mistake by Order dated 3rd February, 2000 and declared the Appellant to have won the election.

5. Against the order of the Sub-Divisional Officer, Resp