PATIL SHIVAYYA Vs. KAVISHETTI SHANKARAPPA

JUDGEMENT

(1.) The petitioner has filed I.A. IV. It purports to be an application under S. 151 C.F.C. He seeks permission to get on record the marked electoral rolls maintained by the Polling Officers of the Polling booths situated at Ilkal town through his witness P. W. 14, Sri Thammanna Gowda Patil. This witness who is being examined by the petitioner is the 4th respondent in the election petition. He was the Returning Officer of the constituency at the time of the election in question.

(2.) The facts leading to the filing of this LA. IV may briefly be stated. The petitioner has called in question the election of the first respondent to the Karnataka Legislative Assembly from the Hungund Assembly Constituency No. 216 in the General Elections held in the month of February 1978. He is challenging the election on four grounds, namely:

(3.) The objection raised by the 1st respondent is sought to be sustained mainly on the ground that permitting the petitioner to get the marked electoral rolls on record as evidence in the case would result in infringing the "secrecy of voting". The learned Counsel for the 1st respondent based his arguments relying on S. 94 of the Act read with Rule 93 of the Conduct oi Election Rules, 1961 (the Rules).