1. With consent the matter is heard finally.

2. Grievance put forth by the petitioner is against the order dated 6.3.2010 whereby the Sub Divisional Cum, Prescribed Authority instead of dwelling upon the preliminary objection as to maintainability of an election petition under section 122 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter to be referred as Adhini yam, 1993) directed the petition to be posted for hearing on merit.

3. Facts briefly are that in a election of Sarpanch Gram Panchayat Nado held on 18.1.2010, the petitioner was declared elected as Sarpanch. The respondent No. 1A, one of the contestant being aggrieved filed an election petition under section 122 of Adhiniyam and the Rules framed thereunder.

4. The petitioner raised an objection as to maintainability of the election petition on the ground of non-compliance of provisions of Rules 3, 5 and 7 of the Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995. (hereinafter to be referred as Rules of 1995) contending inter alia that, the election petition filed on 4.2.2010 was not duly verified and that the security amount required to b