Maheshwari, J. -- 1. Challenging the order dated 29.9.2011, passed by the learned Single Judge in Writ Petition No.14591/2010 upholding the order dated 21.12.2010 passed by the Sub-Divisional Officer (Election Tribunal), Sitamau, district Mandsaur declaring the election of the Sarpanch of Gram Panchayat, Sakhtali as invalid after recount, and to declare the respondent No.1, as Sarpanch this appeal has been preferred under section 2(1) of the M.P. Uchch Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.

2. The facts giving rise to the filing of the present writ appeal are that appellant and respondent No.1 along with 11 other candidates have contested the election of Sarpanch, Gram Panchayat Sakhtali, Sitamau, District Mandsaur, wherein the appellant was declared elected by issuance of notification on 3.2.2010, as per rule 83 of M.P. Panchayat Nirvachan Niyam, 1995 (hereinafter referred to as, Nirvachan Niyam). It is stated that total 1364 votes were casted, out of which set of 1241 votes were valid and 123 votes were rejected as not valid. The appellant received 244 votes and respondent No.1 received 242 votes. After becoming unsuccessful, respondent No.1 has filed an elect