JUDGMENT :

Sonia Gokani, J.

1. Challenging the order of learned 3rd Addition Civil Judge, Dahod in Election Petition No.1 of 2021 this petition has been preferred in the following factual back ground under Articles 226 and 227 of the Constitution of India.

1.1 Respondent No.2 herein filed an Election Petition under Section 31 of the Gujarat Panchayats Act, 2003 (‘the Act’ hereinafter), which was in respect of the general election of the Sarpanch as well as the members of the Gram Panchayat, Kheng, which was held on 19.12.2021. The respondent No.2 is the voter of of Ward No.4, who filled her nomination for the post of Sarpanch of the said panchayat. Along with her, two others also had filled in their nominations for the post of Sarpanch.

1.2 After following the due procedure, election process was started and the counting of votes had been scheduled on 21.12.2021. The total number of votes cast for the post of Sarpanch was 2624, out of which, 161 votes were declared invalid and 3 votes were cast as NOTA.

1.3 At the end of the counting, the respondent No.2 secured 883 votes, whereas the petitioner secured 906 votes and two other contenders namely Jantabne Bhuriya and Sumitraben Parmar secu