UPADHYAYA HARGOVIND DEVSHANKER Vs. DHIRENDRASTNH VIRBHADRASTNHJI SOLANKI

JUDGEMENT

(1.) The question which arises for consideration in this appeal is whether a Letters Patent appeal lies to a Division Bench of the High Court of Gujarat from an interlocutory order passed by a single Judge of that High Court in the course of the trial of an election petition filed under the provisions of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') or not.

(2.) At the election held on March 5, 1985 to fill a seat in the Legislative Assembly of the State of Gujarat from the Lunavada Legislative Assembly Constituency the appellant and respondents Nos. 1 to 6 were the candidates. At that election the appellant having secured the largest number of votes was declared as elected to the Legislative Assembly. Thereupon the 1st respondent filed an election petition in Election Petition No. 6 of 1985 on the file of the High Court of Gujarat under S. 81 of the Act questioning the validity of the election of the appellant on various grounds. The appellant contested the election petition. On the basis of the pleadings a number of issues were framed. In the course of the election petition, the first respondent had made inter alia the following allegations:

(3.) In order to establish his case, the 1st respondent applied to the learned single Judge who was trying the election petition to direct the Returning Officer to produce all the records of election and particularly the used ballot papers and counterfoils of used ballot papers, the unused ballot papers, the marked copies of electoral rolls and the authorisations of the polling agents of different candidates in respect of 13 villages and 14 polling booths mentioned in the application. The 1st respondent prayed for permission to inspect the ballot papers, the marked copies of voters' lists and certain other materials referred to above. The appellant objected the grant of the prayers made by the 1st respondent.