( 1. ) PETITIONER is challenging the legality of the order passed by the prescribed authority, SDO, allowing the election petition, Annexure P-6 passed on 5-10-2001 directing recount without recording any evidence.

( 2. ) RESPONDENT No. 3 Pradip Kumar filed election petition before the SDO challenging the election of Sarpanch, Gram Panchayat, Padkhuri, Block Rampur, District Sidhi. Respondent No. 3 was another candidate. He complained of certain irregularities in the counting. It was alleged that the counting was started late in the night 1. 00 a. m. The counting was completed in inadequate light and the votes were illegally counted in favour of the return candidate, Shri Ramdeen.

( 3. ) ALLEGATIONS were refuted by the petitioner. It was contended that the counting was properly held. There was no illegality or irregularity whatsoever. ( 4. ) RESPONDENT No. 3 filed 12 affidavits. An application was filed by the petitioner to call those deponents for cross-examination. The prescribed authority without recording the evidence, without calling the deponents for cross-examination outrightly allowed the election petition and directed recounting. Secrecy of ballots is important. Reco