1. This is second visit of petitioner being crestfallen by the order dated 23.09.2015 (Annexure P/1) passed by respondent No. 10 whereby the application under Order XIV Rule 2 of C.P.C. has been rejected. Precisely stated facts of the case for adjudication are that respondent No. 1-Smt. Shanti Bai filed an election petition under Section 122 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 whereby election on the post of Sarpanch, Gram Panchayat, Lachayara, Block Kurwai District Vidisha was challenged. As per the submissions and pleadings contained in petition memo, election petition carried certain deficiencies as per M.P. Panchayat (Election Petition, Corrupt Practices and Disqualification from Membership) Rules, 1995. It further appears that the Election Tribunal framed the issues and issue No. 3 was framed about maintainability of election petition, therefore, petitioner filed an application under Order XIV Rule 2 of C.P.C. that issue No. 3 which was framed regarding maintainability of election petition is a legal issue, hence, the same be heard and decided as preliminary issue. The said contention was duly replied by the election petitioner (respondent No. 1 herei