( 1 ) RULE. Mr. C. L. Soni, learned Counsel waives service of Rule on behalf of respondent No. 1 and Mr. Premal Joshi, learned AGP waives service of Rule on behalf of respondent No. 2.

( 2 ) WITH the consent of learned Counsel appearing for the parties, this petition is heard today finally.

( 3 ) THE petitioner, in this petition, has challenged the order dated 28th January 2003 passed by the learned Civil Judge (JD), Tharad, below application Exh. 10 in Election Petition No. 2 of 2002, whereby the said application was allowed and recounting was ordered during the pendency of the election petition.

( 4 ) THE general election of Krial Gram Panchayat was held on 23rd December 2001. After the election, the petitioner was declared elected as Sarpanch on a seat exclusively reserved for lady candidate by two votes. It is the case of the petitioner that respondent No. 1 was also a candidate for the post of Sarpanch of the Panchayat. The counting was scheduled on 26th December 2001. A total of 690 votes were cast and during the counting, the petitioner got 317 votes and respondent No. 1 got 326 votes and 47 votes were kept aside as doubtful votes for acceptance. It is fur