1. The petitioner has filed the present petition being aggrieved by order dated 22.11.2007 passed by the Election Tribunal/Sub-Divisional Officer, Kherlanji in an election petition filed by the respondent No.1 against the election of the petitioner as Sarpanch of Gram Panchayat, Amai, Tehsil Kherlanji, District Balaghat.

2. The brieffacts leading to filing of the petition are that the petitioner, the respondent No.1 and other candidates participated in the elections held for the post of Sarpanch, Gram Pane hay at, Amai, Tahsil Kherlanji, District Balaghat held on 23.1.2005 and the petitioner was declared elected having secured 433 votes as against the respondent No.1 who secured 430 votes. Being aggrieved by the election of the petitioner, the respondent No.1 filed an election petition before the Election Tribunal/Sub-Divisional Officer, Kherlanji under section 122 of the M.P. Gram Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 read with the provisions of the M.P. Panchayat (Election Petition Corn.1pt Practices and Disqualification for Membership) Rules, 1995. The Sub-Divisional Officer by the impugned order dated 22.11.2007 has ordered recount by allowing the petition be