HARI RAM Vs. HIRA SINGH

JUDGEMENT

(1.) By an Order dated 15th November, 1983 we had allowed the appeal of the appellant and set aside the order of the High Court without making any order as to costs. This election appeal arises out of an interlocutory order passed by the Delhi High Court on an application given by the respondent for directing the Returning Officer to produce the marked electoral rolls for inspection. The Court also granted further prayer of the respondent for allowing inspection of the counterfoils. The High Court granted both the prayers and hence this appeal.

(2.) The appeal arises out of the election held for the Metropolitan Council from the Narela Constituency. As a result of the poll the appellant Hari Ram secured 12369 votes and Hira Singh (respondent) 12131 votes. Thus the appellant was declared elected. The respondent-petitioner had made a number of allegations against the appellant but in the present appeal we are only concerned with the interlocutory prayer made by the respondent for inspection of marked electoral rolls and the counterfoils.

(3.) In support of the appeal. Mr. Nariman submitted that the High Court gravely erred in allowing the prayers at an interlocutory stage without examining whether proper foundation was laid for inspection and sufficient material placed before the Court in order to allow the prayer which would result in adversely affecting the secrecy and sacrosanct nature of the electoral process. In our opinion the contention of the appellant is well founded and must prevail.