( 1. ) THE petitioner claims that he has been duly declared a Sarpanch as per Annexure P-2 but the Returning Officer acted illegally and arbitrarily in declaring Tularam, respondent No. 4, as the Sarpanch elected for Gram Panchayat, Bhaingna, in Tahsil Bhitarwar of Gwalior District.

( 2. ) RETURNS have come from the respondents and they are two in number. A separate return is filed by respondent No. 4 Tularam and on behalf of the Returning Officer and S. D. O a common return is filed. With that return has come Annexure R-3, and that is crucial to the decision in the instant case. We are required, indeed, to compare Annexure P-2 and Annexure R-3, as both, admittedly, are filled up and signed by the Returning Officer. The relevant election law which is not disputed is that under the provisions of M. P. Panchayats Act, 1981 (for short, the panchayat Act) the Returning Officer has to submit a report to the Chief Election Officer after declaring result of the election and that has also come on record. That is Annexure R-4. That also we have read.

( 3. ) WHAT is clearly projected on pleadings is the fact that Annexure P-2 was hurriedly prepared and that exercise was not in due co