A PRABHAKARAN Vs. SURENDRAN NAIR

JUDGEMENT

(1.) This C.R.P. is filed by the respondent in O.P.35/2000 on the file of the Munsiff s court. Hosdurg challenging the order in I.A.864/2002 dated 13.6.2002. That O.P. was filed by the respondent herein under Section 89 of the kerala Panchayat Raj Act 1994 seeking decree for re-counting the ballot papers, for declaration that the election of the respondent- revision petitioner herein from No.6 Nayikayam Constituency is invalid and for declaration that the petitioner in the O.P. was declared elected in the place of the respondent and other allied reliefs.

(2.) The petitioner in the O.P. caused to produce certain documents as per the order in I.A.864/2002 including marked copy of the electoral roll as well as counter-foils of used ballot papers in respect of certain booths and wards in the Grama Panchayath. Thereafter the petitioner in the O.P. filed the above petition seeking permission for the petitioner s counsel to inspect the documents produces before the court and in the custody of the court. By the impugned order the lower court allowed the petition. This C.R.P. is preferred by the respondent in the O.P. challenging that order.

(3.) The revision petitioner has contended that by seeking inspection of the counter-foils of the ballot papers and the electoral roll the respondent intends to make a roving enquiry into the matter in order to fish out materials to set aside the election in favour of the revision petitioner. He has also contended that secrecy of ballot and purity of election should be preserved and that count also the respondent cannot be permitted to inspect the documents produced in court in this case.