R.R.YADAV, J. - (1.) HEARD the learned Counsel for the petitioner. 2. Perused the order impugned dated 13 -12 -2001 passed by the Election Tribunal, a copy whereof is filed and marked as Annexure -7 to the writ petition.
(2.) BY filing the instant writ petition the petitioner questions the legality and validity of the order impugned passed by Additional District Judge (Court No. 1), Azamgarh whereby inspection of ballot papers is directed in an election petition filed by respondent No.2. With the assistance of the learned Counsel for the petitioner Sri Ashok Khare. I have gone through the order passed by the Election Tribunal. The Election Tribunal has given cogent and convincing reasons in support of its order impugned. I am objectively satisfied that the order impugned passed by the Election Tribunal is eminently just and proper. By passing the impugned order, the Election Tribunal intended to do material justice between the parties. The Election Tribunal has committed no error in passing the order impugned relying on catena of decisions rendered by High Court and Supreme Court.
(3.) IT is submitted by the learned Counsel for the petitioner that indefinite allegations cannot be basis for directing inspection of ballot papers. It is urged by the learned Counsel for the petitioner that inspection of ballot papers in an election petition can be ordered only if election petition contains an adequate statement of all the material facts on which the allegation of irregularity or illegality in counting is founded supported with evidence to prima -facie believe that there has been mistake in counting. Lastly, it is submitted that Election Tribunal can order for inspection of ballot papers only in such a situation where passing such order is imperatively necessary to decide the dispute and to do complete justice between the parties. In support of his aforesaid contention he placed reliance on a decision rendered by the learned Single Judge of this Court in case of Ashok Jain Advocate v. XIIIth Additional District Judge, Agra and others, reported in 2000 (1) JCLR 281 (Allahabad.);