1. In this petition filed under Article 226 of the Constitution, challenge is made to the order dated 24.2.2012 (Annexure P-1) passed under section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (‘Adhiniyam’). The petitioner is an elected Sarpanch of Gram Panchayat, Bhadera. The election in question was held on 21.1.2010 and the counting took place on 30.1.2010. The petitioner was declared elected with the margin of 22 votes over respondents No. 3. The respondent No. 3 filed an election petition under Section 122 of the Adhiniyam before the S.D.O. (Revenue) (Prescribed Authority) to try the election petition as per the Madhya Pradesh Panchayat (Election Petition Corrupt Practices and Disqualification for Membership), Rules, 1995 (hereinafter refferred to as ‘1995 Rules’). The said authority is hereinafter called as ‘Election Tribunal’. The Election Tribunal by its order dated 24.2.2012 annulled the election aforesaid and directed recounting of the votes and further directed to declare the result of election on the basis of the outcome of recounting. This order is under challenge in the present petition.

2. Shri S.S. Raghuvanshi, learned counsel for the