( 1. ) IN this intra-court appeal preferred under Section 2 (1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the legal propriety of the order dated 12-9-2006 passed by the learned single Judge in W. P. No. 15329/2005 is called in question.

( 2. ) THE facts which are imperative to be enumerated are that the appellant-petitioner (hereinafter referred to as the petitioner) filed an Election Petition no. 1-A/89/2004-05 before the S. D. O. Baihar, the Prescribed Authority, under the provisions of Section 122 of the Madhya Pradesh Panchayat Raj Avam Gram swaraj Adhiniyam, 1993 (for short the Act ). It was urged before the Election tribunal that the election for the post of Sarpanch for Gram Panchayat, Kukrra was held on 19-1-2005. In the said election there was a triangular contest wherein the petitioner-appellant obtained 320 votes and the respondents No. 7 and 8 secured 321 and 319 respectively. During the counting of votes for Booth Nos. 19 and 20 total 109 votes have been declared invalid. As there was irregularities and illegalities in the process of counting of votes the same were pointed out by the petitioner. It was putforth that one Santosh ca