1. Heard learned counsel for the parties.

2. By this petition, the petitioner seeks to quash the order dated 5-4-2010 (Annexure P / 1) passed by the Sub Divisional Officer (Revenue), Surajpur, District Sarguja, in election petition No. A - 89/2009-10 whereby the respondent No. 2 has been declared as returned candidate and has further been declared Sarpanch of Gram Panchayat, Mahuli, District Sarguja.

3. Learned counsel appearing for the petitioner submits that the learned Election Tribunal has decided the matter without framing issues and without affording proper opportunity to the parties to adduce evidence, documents, thus, the impugned order is bad in law. Learned counsel relies on a decision of this Court rendered in Parvatia v. Padmini , 2005 (2) CGLJ 335 and Shyam Ratan v. Siyaram in support of his submission that no election petition can be decided without framing issues and examining the witnesses produced by the parties.

4. Learned counsel appearing for the State as