CHANDRABHANU SINGH Vs. HARDEO SINGH

JUDGEMENT

(1.) THIS application has been filed under Articles 226 and 227 of the Constitution of India by Chandrabhanu Singh, who had been elected as Mukhiya of Jarang Gram Panchayat within the jurisdiction of Katra Police Station of Gaighatti Block, in the district of Muzaffarpur, on the 26th October. 1964, opposite Party No. 1 has filed an application before the Election Tribunal for setting aside that election. During the course of the proceeding, it appears that the ballot papers were counted by the Tribunal and the result of the counting has been recorded in order dated the 31st March, 1965. On the 2nd April, 1965 the applicant of the election case filed a petition to get some ballot papers exhibited. THIS prayer has been allowed by the Tribunal by order dated the 2nd April. 1965 The Tribunal has stated that the prayer for exhibiting the counted ballot papers of Bilat Singh and Chandrabhanu Singh is allowed Against this order the petitioner has moved this Court in this case.

(2.) 1 have heard the learned counsel for the parties, and in my opinion, the order passed on the 2nd April, 1965 for bringing on the record the counted ballot papers as exhibits was wholly erroneous and ought to be quashed. It has been repeatedly held by the Courts now that even counting of ballot papers can be done only under extraordinary circumstances and the order of bringing counted ballot papers as exhibits on the record is so gross that even such an interlocutory order should be set aside. Learned counsel for opposite party, No. 1 has not shown either any principle or any precedent under which ballot papers can be made exhibits on the record In a case of this nature. The entire secrecy of voting will be destroyed by bringing on record counted ballot papers as exhibits in the case. Under the circumstances, the order dated the 2nd April, 1965, passed by the Election Tribunal for bringing on record as exhibits the counted ballot papers of Bilat Singh and Chandrabhanu Singh is quashed under Article 227 of the Constitution of India There will be no order for costs.