Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Appellant was the Sub-Divisional Officer Pichhore.

In the said capacity, he was a Specified Officer for determination of election disputes in terms of the provisions of Madhya Pradesh Panchayats (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1995 (for short, `the Rules) framed in terms of Section 122 of the Madhya Pradesh Panchayat Raj Adhiniyam (for short, `the Act).

3. Respondents 1 and 2 herein contested an election for the post of Sarpanch of Gram Panchayat, Khadoya, Block; Tehsil Pichhore. The second respondent was declared elected. Questioning the legality whereof, the first respondent filed an application for setting aside his election in the Court of Specified Officer, Pichhore. Upon hearing the parties, the Specified Officer directed recounting of all the votes polled in the said election. Relying on or on the basis of such re-counting, the election petition was dismissed.

4. Questioning the legality and/or validity of the said order, the first respondent filed a writ petition before the High Court contending that the Specified Officer had no jurisdiction to direct re-counting of votes only o