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PRAKASH SHRIVASTAVA
Aarya Maansingh – Appellant
Versus
State of M. P. – Respondent
Heard finally with consent.
1. By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order of the Sub Divisional Officer dated 18.11.2016 allowing the election petition of the respondent No.4 and declaring the respondent No.4 elected to the post of Sarpanch, Gram Panchayat Piplyasent, Janpad Panchayat Nalkheda.
2. Short facts are that the petitioner as well as the respondent No.4 and other respondents had contested the election for the post of Sarpanch, Gram Panchayat Piplyasent, for which the polling had taken place on 22.2.2015. The petitioner and respondent No.4 had secured equal votes, therefore, by holding the toss the petitioner was declared Sarpanch on 26.2.2015. Aggrieved with the same, the respondent No.4 had filed the election petition under Section 122 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short “the Panchayat Act) and the Sub Divisional Officer had initially ordered for the recount and the said order was set aside by this Court and thereafter the evidence was led and by the impugned order the election petition has been allowed.
3. Having heard the learned counsel for the parties and on pe
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