V.K. Shukla, J. - (1.) PRESENT writ petition is directed against the order passed by the Sub -Divisional Magistrate, Chauri -Chaura, Gorakhpur in election petition No. 5 of 2005, Smt. Manorama Devi v. Smt. Gayatri Devi, wherein orders have been passed for summoning of documents in respect of election and ballots for inspection and recounting.
(2.) BRIEF background of the case is that election for the post of Pradhan of Gram Panchayat Chhapra Mansoor, Thesil chauri -Chaura, District Gorakhpur had been held, wherein counting was done on 28th August, 2005, and in the said counting petitioner was declared as elected on 20.09.2005. Thereafter election petition No. 5 of 2005 had been filed by Smt. Manorama Devi, questioning the validity of declaration of result in favour of the petitioner, on the ground that large scale illegalities had been committed, and it was prayed that recounting be done and she be declared as elected to the post of Pradhan. In the said election petition, the petitioner put in appearance and filed written statement. An application was also moved by the election petitioner, requesting therein for recounting. Said application was considered and the same was rejected on 20.10.2008 by mentioning that the application for recounting had no merit, and the case was fixed for further evidence. Thereafter, the election tribunal on the basis of evidence adduced, has proceeded to answer issue No. 12, which was to the effect as to whether case for recounting had been made out or not. Thereafter while deciding issue No. 12, orders have been passed for calling for records and for recounting. Against the said order, revision was filed, which was allowed. Against the order allowing revision, writ petition had been filed before this Court. Said writ petition has been allowed on the ground that revision, against the order directing summoning of records and recounting, was not maintainable. In the order passed in the said writ petition, liberty was reserved to prefer writ petition against the impugned order directing for summoning of record and for recounting. That is how present writ petition has come up before this Court. With the consent of the parties, present writ petition has been taken up for final hearing and disposal on the basis of material available on record.
(3.) SRI H.N. Singh, learned Counsel for the petitioner, contended with vehemence that in the present case on the basis of pleadings and on the basis of material available on record, no satisfaction, whatsoever, has been recorded that the summoning of record was essential for adjudication of election petition and to the contrary in the garb of present impugned order evidence is being sought to be collected and thus disturbing the sacrosancy and secrecy of the ballots in question, as such writ petition deserves to be allowed.;