JAI KISHAN DASS GUPTA Vs. ZAMEER AHMAD MUNNA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged an order of the trial Court on an application under Section 151 CPC made by the respondent, giving directions to produce record from the Election Office.

(2.) THE Trial Court vide its order dated 16th February, 2008, kept the application under section 151 CPC pending and directed the witness from the state Commission to produce entire record for her personal inspection so as to see if the record would infringe the secrecy of the ballot and would affect the final outcome of the election qua the returned candidate or not. After inspecting the record, the Trial Court allowed the application to the extent that the record from the Election Commission be produced only in respect of marked copy of the elector roll and register no. 11-A in respect of polling station nos. 80/16, 81/17, 82/18, 83/19, 84/20, 85/21, 86/22, 100/29, 66/5 and 101/30. The Trial Court found that producing of these records was necessitated since there were allegations of bogus voting and double voting at some of the polling stations, resulting into 100% polling. The Trial Court kept in mind the secrecy of the ballots in this case. The voting had been done by electronic voting machine (EVMs ). There were no counter foils of the ballot papers. In fact there were no ballot papers at all. The register sought by the trial Court only shows as to who were the persons who had appeared at particular polling station for casting their votes.

(3.) THE Trial Court, therefore, took caution that EVM and other records should not be produced and only electoral roll and register no. 11-A showing records in respect of certain booths are produced.