Shantanu Kemkar, J. –

1. This intra Court appeal under section 2 of the Madhya Pradesh Uchch Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed challenging the order dated 26.7.2010 passed by learned Single Judge of this Court in WP No. 6598/2010.

2. Briefly stated the appellant and the first respondent contested election for the post of Sarpanch of Gram Panchayat Multhan, Tehsil Kasrawad, District Khargone. In the said election the first respondent was declared elected as Sarpanch. Challenging his election the appellant preferred election petition under section 122 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 before the Sub- Divisional Officer (Revenue) Tehsil, Kasrawad. In the said election petition the appellant/election petitioner prayed for recounting of the votes. The Sub-Divisional Officer without framing issues and recording evidence by a non-speaking order dated 20.4.2010 allowed the said prayer made by the appellant and directed recounting of votes. In terms of the said order the recounting of the votes was done and election of first respondent was set aside by the Sub-Divisional Officer vide order dated 25.5.2010 and the app