Manindra Mohan Shrivastava, J.

By way of present writ petition under Article 226 of the Constitution of India, as originally filed, the petitioner sought to assail the correctness and validity of order dated 08-02-2016 passed by the Election Tribunal (Sub Divisional Officer (Revenue), by which, the petitioner's application for recalling order of ex parte proceedings against Presiding Officer and further prayer of summoning Returning Officer and Presiding Officer for evidence was rejected. By that time, final order was not passed and the proceedings remained pending. During the pendency of this writ petition, the Election Tribunal proceeded in the matter and passed final order on 15-02-2016 directing recount. This order was subsequently challenged by way of amendment.

2. Quintessential facts necessary for decision of the controversy involved in the petition are that the petitioner and the respondents No.4 to 9 contested election for the office of Sarpanch of Gram Panchayat Barpali. On 04-02-2015, voting had taken place and on that very day, votes were counted. As the petitioner and respondent No.4'smt. Urmila Patel secured equal votes, the procedure under Rule 83 applicable in