Prashant Kumar Mishra, J.

1. The petitioner has called in question the legality and validity of the order passed by the Election Tribunal i.e. the Sub Divisional Officer (Revenue) Katghora, who has allowed the Election Petition under Section 122 of the Panchayat Raj Adhiniyam, 1993 (for short 'the Act') preferred by respondent No. 2. The Election Tribunal has set aside the election of the petitioner as Up Sarpanch of Gram Panchayat Hunkara, Tehsil Katghora, District Korba for which she Was elected on 23.2.2015.

2. Respondent No. 2 preferred Election Petition on the ground that in the election of Up Sarpanch, she and the petitioner had obtained 6 votes each, therefore, the votes secured by both the candidates being equal, the Presiding Officer should have proceeded to draw of lots in accordance with Rule 16(7)(ii) of the Chhattisgarh Panchayat (Up-Sarpanch, President and Vice President) Nirvachan Niyam, 1995 (for short 'the Rules, 1995'). The Presiding Officer committed illegality in opting to proceed to decide the winner by a toss of coin. The petitioner submitted his reply to the Election Petition and thereafter the Election Tribunal did not frame any issue or recorded eviden