RANVEER SINGH Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) -Aggrieved by an interlocutory order dated 16th March, 1988, passed by Sub-Divisional Magistrate, Sadar, Agra (respondent no. 1) granting inspection of ballot papers and recount of votes on the application of respondent no. 3 pending trial and decision of the arbitration petition, the petitioner Ranvir Singh has filed this writ petition. The petitioner has sought a writ of certiorari, seeking quashing of the impugned order and a writ of mandamus directing the respondent no. 1 not to proceed with the inspection of ballot papers and recounting of votes which had been fixed for 2nd April, 1988.

(2.) WHILE admitting the petition on 28-3-1988 a Division Bench of this Court passed the following interim order :-

(3.) WE have heard the learned counsel for parties and have perused the impugned order, from which it is evident that the Arbitrator ordered for recount because there were discrepancies between the total number of votes polled when compared with marked electoral roll, according to which 508 voters exercised their right to vote whereas the return filed by the Election Officer indicated that 532 ballot papers had been issued to the voters. At the time of counting of , votes, besides one ballot paper which had been cancelled by the Election Officer and sealed separately, 523 ballot papers were found in the ballot box. Thus, out of 532 ballot papers which were issued, 524 ballot papers were used by the different voters in casting their votes. There is no dispute between the parties on the facts and figures set out above.