LAXMAN SHANKAR PATIL Vs. GOPAL ASARAM SHARMA

JUDGEMENT

(1.) This petition challenges an interlocutory order (in a pending election dispute) appointing, in the ends of justice, a Commissioner for the limited purpose of inspection.

(2.) The election relates to Ward No. 16, Shahada Municipal Council. The said elections were held on 25th April, 1985. The petitioner who polled 264 votes as against the first respondents 262 votes) was declared elected by a margin of two votes. This was followed by an election petition by respondent No. 1 (hereinafter the respondent) under sections 21 and 22 of the Maharashtra Municipalities Act. In the said proceedings, the respondent applied for inspection. By its order dated 7th September, 1985, the District Court allowed the said application. Hence this petition.

(3.) Now, it is not the law that inspection can never be granted. Courts discretion to permit inspection is undoubted. However, this discretion is not to be exercised lightly or as a matter of course, all the more so in an election dispute. But, conversely, if a good case is made out, inspection is then not to be refused. In the very nature of things, therefore, there can be no rigidity. All depends on the facts and circumstances varying and fluctuating from case to case.