BHAWANI SINGH, C. J.

( 1 ) ORDER of singlejudge dated 27-3-2002 passed in W. P. No. 1151 of 2002 (Raqib Mohammad v. District collector, Raisen and others) has been challenged through this Letters Patent Appeal under clause 10 of the Letters Patent.

( 2 ) PETITION under Arts. 226/227 of the constitution of India was preferred by Raqib mohammad for quashing impugned order dated 25-2-2002 whereby Collector, Raisen allowed Election Petition filed by Jinesh singhai and ordered re-count of votes cast in the polling booths of ward No. 1 Janapad panchayat, Gairatganj. For membership of janapad Panchayat, Gairatganj, Raqib mohammad and Jinesh Singhai were contesting candidates. Votes were cast on 20-1-2001. Raqib Mohammad was declared successful securing 1358 votes and Jinesh singhai secured 1341 votes. Ballot papers account submitted in Form-15 under Rule 67 of the M. P. Panchayat Nirvachan Niyam. 1995 {1995 Rules) mentions number of ballot papers inserted in the ballot boxes 3213 while result sheet in Form-18 under Rule 177 (2) of 1995 Rules shows that the result was declared on 3179 votes only, with discrepancy of 34 votes, while the difference between votes secured by Raqib Mohammad and

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