Dipak Misra, J.

1. In this intra-court appeal preferred under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, the legal validity of the order dated 13-5-2009 passed by the learned Single Judge in W.P. No. 5290/08 is called in question.

2. The facts which are discernible from the material brought on record and the order of the learned Single Judge are that election was held for the post of Sarpanch of Village, Ghansa, District, Balaghat and in the said election the present appellant was declared elected on 27-1-2005. The respondent No. 2 challenged the said election under section 122 of the M. P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 [for brevity 'the 1993 Act'] alleging that the respondents No. 3 and 4 who were the Presiding Officers of the booth Nos. 196 and 195 respectively colluded with the elected candidate and under her influence, the Presiding Officer did not affix the format of the votes on the notice board. It was further alleged that the Prescribed Officer had not properly counted the votes and the decision with regard to acceptance and rejection of valid and invalid votes was perverse as a result of which the el