SUNIL KUMAR Vs. K. SUDHAKARAN

JUDGEMENT

(1.) These six C. M. Ps have been filed by persons who were examined as witnesses in E. P. No. No 4/91. In the affidavit filed in support of the C. M. Ps it is alleged that, they were voters in the Number 11 Edakkad Constituency and they had exercised their franchise during the last election. It is further stated that under S.94 and 128 of the Representation of People Act, 1951 they have got a right to maintain the secrecy of ballot and they bona fide apprehend that the secrecy of voting would be violated if the ballot papers are examined as per the orders of this court. So it is prayed that these petitioners may be permitted to take part in the proceedings of the Election Petition and be heard about the question of law regarding maintenance of secrecy of ballot papers.

(2.) I heard these petitions and they are disposed of by a common order.

(3.) The counsel for the petitioners contend that in the course of taking evidence in E. P. 4/91 counter foils and marked electoral rolls were marked as exhibits and therefore it is divulged that these petitioners had cast vote by using a particular counter foil and under that circumstance if the ballot papers are scrutinised and the numbers in the counter foils are further verified with reference to the ballot papers, the secrecy of the ballot papers will be lost.