( 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 conformity with the returning provision. Having realised that fact, the returning officer proceeded to do what he was mandated to do under the election law. It is true that as per Annexure P-2 petitioner was declared elected but the result declared in Annexure R-3 favoured respondent No. 4. Whatever that may be, law has to be examined. Reliance is placed in that connection on Rule 72 of the Panchayat Election and Co-option Rules, 1988. That we quote : 72. Declaration of result.- The Returning Officer or such other Officers authorised by him in this behalf shall then declare to be elected the candidate/candidates for the post of Panch who have secured the highest number of valid votes in the polling station and clarify the return of election of Panchas in Form G-XVI and send signed copy thereof to the Returning Officer. The return prepared in Form G-XVII in all polling stations for the election of Sarpanch shall be sent on the same day to the Returning Officer or such other Officer authorised by him, who shall compile all the returns of election received from all polling stations at the headquarter of the Gram Panchayat. He shall declare the candidate to be elected who has secured the highest number of valid votes and certify the return of election in Form G-XVII. The Returning Officer or the Officer authorised by him shall send a signed copy of Form G-XVl and G-XVII to the Collector. If, after the counting to exit between any candidates, and the addition of one vote will entitle any of these candidates to be declared elected, the Returning Officer or such other Officer authorised by him in this behalf, shall forthwith decide between these candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

( 4. ) SHRI R. K. Shinde, who has appeared for respondent No. 4, has submitted that the provision is mandatory, and about that we have no doubt. It is settled law that when election procedures are prescribed, those are to be strictly adhered to. Therefore, it was incumbent on the part of the Returning Officer to fill up Form G-XVIII in the manner prescribed. Indeed the mandatory nature of the provision in regard to its various requirements is duly spelled out. The express mandate of Rule 72 is that "return (ba) prepared in Form G-XVII in all polling stations for the election of Sarpanch" and that to be sent on the same day to the Returning Officer who has to compile all those returns received from all polling stations. That is done at the headquarter of the Gram Panchayat. The statutory Form also indicates that requirement, as column 2 of the Form, contemplates votes polled to be recorded ward-wise before total votes polled by any candidate are recorded in Col. 3.

( 5. ) IN the instant case, Annexure P-2 is a blank