D.P.S. Chauhan, J.

1. The election for the office of the Sarpanch of Gram Panchayat Gaundari, 27 Block Gangeo, Tahsil Sirmaur in Distt. Rewa took place on 23-5-1994 whereat the contest was between the petitioner and Smt. Bhanwati, (respondent No. 2). The petitioner in the process of counting of ballot papers, found to have secured 418 valid votes whereas the respondent No. 1 Smt. Bhanwati was found to have secured 376 valid votes and as such the petitioner was declared as duly elected for the office of Sarpanch. This election of the petitioner was challenged by the lost candidate i.e. Smt. Bhanwati by means of an election petition under Section 122 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (for brevity hereinafter referred to as "the Act") together with the Rules known as Madhya Pradesh Panchayat (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1991 (for brevity, hereinafter referred to as 1991 Rules). The Sub-Divisional Officer after recount of the ballot papers set aside the election of the petitioner and declared the respondent No. 1 Smt. Bhanwati as having been duly elected to the office of the Sarpanch, vide order dated 13-6-1997.