(1.) This is a petition under section 80 of the Representation of the Peoples Act, 1951, which pertains to 23 Nagpur Kamptee Lok Sabha Constituency. The election programme was declared on 23.03.2004. 1.04.2004 was the date fixed for nominations, 5.04.2004 was the date fixed for withdrawal. The date of polling was 5.04.2004. The results were declared on 13-5-2004 and respondent No. 1 was declared elected.
(2.) The Election Petition runs into around 50 pages. The summary of the contents of the Election Petition therefore needs to be drawn which is as under:
(3.) That the election agent of the petitioner had approached the respondent No. 2/Returning Officer to seek the inspection of the records as provided for under Rule 93 of the Conduct of Election Rules. In regard to inspection, the Election Commission of India has issued some guidelines under the statutory powers conferred on it. According to these guidelines, whenever a request is made for "urgent" inspection, then the same is to be given on the very same day the request is made, and if the request is not for urgent inspection, then the inspection is to be given on the next day of the request being made. In the instant case, the request was for urgent inspection of the records. The same was made on 26th May, 2004, but the inspection was not given on the same day as required by law.