1. This petition is directed against order Annexure P-1 dated 22.5.2006, passed by the Prescribed Authority-cum-Sub-Divisional Officer, Jabalpur in Election Petition No. 4/A-89/21/2004-05 between parties. By the .3 impugned order, the Election Tribunal directed recounting of the votes in respect of election of Sarpanch, Gram Panchayat Padwar, District Jabalpur. This order has been assailed by the petitioner on following grounds :

(i) That, the order directing recounting of the votes is illegal and without jurisdiction. There is no foundation in the case in respect of necessity of recounting of votes.

(ii) That, the pleadings and evidence in the matter are totally vague, insufficient and the tribunal erred in directing recounting. The tribunal has emphasized in the order, while allowing the prayer of the respondent Sunderlal for recounting, on the aspect that the Presiding Officer on booth No. 151, of which recounting has been directed, has not controverted the averments of the petition. But on this ground recounting cannot be directed as the petitioner, who is a returned candidate, opposed the prayer.

(iii) That, no application was filed by the respondent Sunderlal for recountin