JAGJIVAN PAL Vs. BIPIN SINGH PARMAR

JUDGEMENT

(1.) The Applicant-Petitioner (hereafter referred to as 'the Petitioner') has filed this application under Rule 93 of the Conduct of Election Rules, 1961 read with Section 151 Code of Civil Procedure praying that the electoral rolls contained in sealed packets concerning polling stations, 9-Panpari-1, 10 - Panpari (2), 13 Raipur, 21-Kural (1), 22-Kural (2), 44-Daroh (1), 58 Chhanchhri Khaira - (4) and 19-Nanoon relating to 1998 Vidhan Sabha Elections of 45;Sulah Legislative Constituency may be opened and copies of the same may be supplied to the Petitioner on the admissible charges.

(2.) The Petitioner has claimed in the application that in view of the Exhibits P-17 to P-47, it is proved that S/Sh. Rajinder Singh, Tinu Ram, Kanshi Ram, Karam Singh, Hari Singh, Udham Singh, Nihar Singh, Tulsi Ram, Durga Dass, Parma Nand, Smt. Kunga Devi, Smt. Begum Devi, Onkar Nath, Dumnu Ram, Narinder Kumar, Hukam Singh, Prakash Chand, Kalyan Singh, Gian Singh, Rakesh, Smt. Shakuntla Devi, Mast Ram, Kirlu Ram, Bhompa Ram, Smt. Jeevan Devi, Janak Singh, Meenak Ram, Smt. Sarita Devi, Smt. Kanti Devi, Sh. Kulbir Singh, Nasib Singh are dead. It is further averred that there had been irregularities at the time of voting and the votes have been shown to have been cast by dead persons and in order to prove these averments, this Court may direct that the sealed packets containing the relevant elector rolls may be ordered to be opened and copies thereof be supplied to the Petitioner to enable him to prove his case.

(3.) The non-Applicant, Respondent No. 1 (hereafter referred to as 'the contesting Respondent') has resisted the application and in his written reply, has denied the allegations made in the application. It has also been averred that the marked copies of the voters list cannot be opened or inspected unless and until a strong case is made out for its opening and the Petitioner has led no evidence to show that, the votes of dead persons were polled. It has further been averred that the marked copies of the voters list cannot be inspected/opened merely on the asking and the Petitioner wants to make a roving and fishing enquiry in the matter which is impermissible in law.