Misra, J. -- 1. The acceptability and faultlessness of the order dated 4.9.2006 passed by the learned Single Judge in WP No.2840/2006 is called in question in this intra Court appeal preferred under section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.

2. The appellant-petitioner (hereinafter referred to as "the appellant") invoked the jurisdiction under Article 226 of the Constitution of India questioning the soundness of the order dated 14.2.2006 passed by the Sub-Divisional Officer-cum-Prescribed Authority, Niwadi, District Tikamgarh in Election Petition No.11/2-89/04-05 whereby the Election Tribunal allowed the prayer of the election petitioner for the purpose of recount of votes and the order which entailed in declaration of the election petitioner as the returned candidate.

3. The facts which are imperative to be exposited are that the appellant was elected as the Sarpanch of the Gram Panchayat, Makara. The respondent No.2 preferred an election petition under section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (for short "the 1993 Act") before the SDO-cum-Prescribed Authority, Niwadi. She was elected by d