- (1.) By means of this petition, the petitioner has challenged the order dated 24-1-1991 passed by the Sub-Divisional Magistrate, Nagina, in the capacity as Election Tribunal under the U. P. Panchayat Raj Act, 1947 (for brevity, hereinafter referred to as 'the Act') seeking relief for its quashing.
(2.) The petitioner's election as Pradhan of Gaon Sabha, Rafayatpur Khulas, District Bijnor (hereinafter referred to as 'the Gaon Sabha') was challenged by one Sri Sarad Kumar Gahlot by means of an election petition presented before the respondent No. 1 (numbered as Election Petition No. 63 of 1988). The Election Tribunal on the basis of the pleadings framed the issues. Before the issues could be decided the election petitioner moved an application on 15-7-1988 for inspection of ballot papers, which was resisted by the respondent No. 1 in the election petition, the returned candidate. The election petitioner on 13-4-1988 moved another application for inspection/recounting of ballot papers, which, in spite of resistence by the respondent No. 1 in election petition, was allowed on 24-1-1991 and the following order was passed :- "As the evidence of both the parties has been closed, hence inspection is allowed". This order is the subject matter of challenge in the present writ petition.
(3.) Heard learned counsel for the petitioner and the learned counsel for the respondent No. 1 as well as the learned standing counsel.;