Heard. Learned counsel for the respondent No. 1 prays that this petition be disposed of finally as the proceedings in the election- petition have been stayed. An election-petition was filed challenging the election of Sarpanch of Gram Panchayat Kaunsi. Tehsil Kurwai, District Vidisha. The competent Authority while hearing the petition has directed that the petition can be disposed of by ordering re-count and has directed for re-count of ballot-papers. The procedure adopted by the Prescribed Authority is contrary to law. It is the duty of the Authority to maintain the secrecy of the ballot-papers. The procedure for elections are provided by the rules know as Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules. 1995 (hereinafter. referred to as the 'Rules'). Rule 11 of the Rules provides that every election petition shall be enquired into by the specified officer as nearly, as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908. It is further provided that it shall only be necessary for the specified officer to make a memorandum of the substance of the evidence of any witness examined by him. Rule 19 provides that secrecy of voting not to be infringed. Rule 21 relates to grounds for declaring election to be void. The order for re-count cannot be passed on mere asking. Issues should be framed, evidence should be recorded and the question should be decided on going through such evidence. Secrecy of votes is required to be maintained. Rule 23 of the rules provides that on conclusion of the enquiry, the specified officer shall make the final order on the petition. Before conclusion of the enquiry or trial, orders for re-count cannot be passed as has been done in the present case. The orders are contrary to the judgment reported in the case of Uday Singh v. Himmat Singh [ 1999 (I) JLJ 200 ]. In the result, the order Annexure PII dated 29.4.2000 passed by the Prescribed Authority i.e. Sub Divisional Officer. Kurwai in Case No. 149/99-2000 is quashed and the Prescribed Authority is directed to frame issues, record evidence and after scanning evidence shall pass orders. Unless the Court is satisfied that re-count is necessary, it shall not order re- count. As regards maintainability of the petition, the Authority shall frame issue and decide the issue as preliminary issue. The petition succeeds and is allowed.