- (1.) We allow the appeal and set aside the order of the High court for general scrutiny and recount of the ballot papers. However, the high court will have to determine, inter alia, (i) whether the instrument which was used for marking the 41 votes (referred to in the election petition) was supplied to the voters by the Presiding Officer or any other member of his polling staff. If on evidence adduced, the learned Judge finds this issue in the affirmative, the further question to be considered would be, (ii) whether such supply would answer the legal requirement of "instrument supplied for the purpose" in Rule 56 (2) (b). If both these issues (i) and (ii) are answered in the positive, then and then only he may proceed to inspection and recount of these 41 votes mentioned in the petition. Similarly, after considering the legal questions indicated above, he may order recount of the 9 votes alleged to have counterfoils attached thereto. There appears to be no justification for ordering a general inspection of the ballots on the facts of this case.
(2.) The learned Judge shall proceed with the trial of the election petition in the light of what has been said above. Costs to abide the event in the High court.;