1. This petition filed under Article 226 of the Constitution takes exception to the order of Election Tribunal dated 14.9.2016 Annexure P/10 whereby the Tribunal directed for recounting of votes and as a consequence thereof the respondent No.1 secured more votes than the petitioner and was declared elected. The admitted facts between the parties are that this Court by order dated 14.9.2016 did not grant stay on the operation of impugned order but made it clear that decision of recounting would be subject to final outcome of this petition. The petitioner and other private respondents were candidates for the post of Sarpanch, Gram Panchayat, Nayagaon. The petitioner was elected by a margin of one vote. The said election of petitioner was called in question by respondent No.1 by filing Election Petition under Section 122 of M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (for short ‘Adhiniyam’) read with M.P. Panchayat (Nirvachan Arjia, Bhrastachar Aur Sadasyta Ke Liye Nirharta) Niyam, 1995 (‘Disqualification Rules, 1995).

2. In the said Election Petition, reliance is placed by respondent No.1 on the application dated 27.2.2015 Annexure P/2. By this application, the election