( 1. ) CHALLENGING the order dated 3-4-2007 Annexure P/1 passed by the Upper Commissioner, Bhopal and Hoshangabad Division exercising powers of an Election Tribunal under section 122 of the M. P. Panchayat Raj avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the Adhiniyam, 1993) and seeking quashment of the directions issued by the aforesaid order for recounting of 2173 invalid votes, petitioner has filed this petition.

( 2. ) PETITIONER is an elected representatives having been elected in the election to District Panchayat, Vidisha from ward No. 19. Election to the aforesaid post were held on 16. 01. 05 and it is stated that she was declared elected in the aforesaid election by a margin of 46 votes. Challenging the election of petitioner on various grounds, respondent No. 2 - Alpana Saxena filed a election petition under section 122 of the Adhiniyam, 1993 and rules framed thereunder, on the basis of pleadings of the parties six issues were framed. For the purpose of deciding this petition, only issue No. 6 is relevant. Issue No. 6 pertains to the question of recounting prayed for by the respondent No. 2 in the election petition. The election petition was put to