FULENA SINGH Vs. VIJAY KUMAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the interlocutory order dated 15.9.2008 passed in Election Petition No. 1 of 2006 by the High Court of Judicature at Patna (Election Tribunal) wherein the High Court allowed the application filed by the respondent under Rule 93 (1) (dd) of the Conduct of Election Rules, 1961 (hereinafter referred to as "the Rules"). The High Court vide the impugned order permitted the parties to inspect registers 17A; prepared under the said Rule.

(3.) Brief facts leading to this appeal may have to be noticed before we proceed to consider the validity and correctness of the impugned order. The first respondent herein filed Election Petition No. 1 of 2006 challenging the election of the appellant herein on various grounds. The case of the first respondent/petitioner is that he was defeated in the elections held in the month of October- November, 2005 to the Bihar Legislative Assembly from 172, Lakhisarai Assembly Constituency by a narrow margin of 82 votes only on account of several irregularities and illegalities alleged to have been committed by the appellant and his election agent together with his workers and supporters. The precise allegation, so far as we are concerned in the present appeal, relates to enrollment of voters in more than one place in the Assembly Constituency. It is alleged that the family members of the appellant are enrolled as voters from three places in the constituency and the appellant himself is enrolled as a voter in more than one place.