A.K. Shrivastava, J.

1. By this petition under Article 226 of the Constitution of India the Petitioner has sought quashment of impugned order dated 18-6-2010 (Annexure P-4) passed by Sub Divisional Officer, Niwadi District Tikamgarh, by which he has directed to recount the votes.

2. Sans unnecessary details fact lie in a narrow compass. Suffice it to say that Petitioner contested the election for the office of Sarpanch, Gram Panchayat Chachavali, Janpad Niwadi, District Tikamgarh and was declared as returned candidate after defeating her nearest rival (election Petitioner) who has been arrayed as Respondent No. 1 in this petition, by a margin of 20 votes.

3. The Respondent No. 1 filed an election petition before the Sub Divisional Officer under Section 122 of Madhya Pradesh Panchayat Raj and Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the 'Adhiniyam') on several grounds and prayed that the ballot papers be recounted.

4. The facts and grounds pleaded and raised by the Respondent No. 1 in the memorandum of election petition were refuted by the Petitioner in her written statement.

5. The learned Election Tribunal also framed necessary issues and recorded the evidence of th