RAM PRAKASH LAL Vs. RAM NARAYAN PRASAD YADAV

JUDGEMENT

(1.) In this case the petitioner Ram Prakash Lal has obtained a rule from the High Court calling upon the respondents to show cause why the order of the Election Tribunal of Hazaribagh, dated the 13th November, 1962, in Election Petition No. 353 of 1962, directing Production of the ballot papers and inspection of the same, should not be set aside under Article 227 of the Constitution.

(2.) Cause has been shown by the learned Government Pleader on behalf of respondent No. 1 to whom notice of the rule was ordered to be given.

(3.) The main argument put forward on behalf of the petitioner is that the order of the Election Tribunal is erroneous in law because it is an arbitrary and capricious exercise of the power vested in the Tribunal. It was not disputed on behalf of the petitioner that the Tribunal had jurisdiction to call for the ballot papers from the proper authorities and allow an inspection of the same by the parties concerned. This position is not controverted by learned Counsel on behalf of the petitioner in view of the powers vested in the Election Tribunal under Section 92 of the Representation of the People Act, 1951, which provides as follows :