T.S. Misra, J. - (1.) THIS petition under Article 226 of the Constitution is directed against the order dated 17 -2 -1983 passed by the SDO/PA Shahabad District Hardoi on an application for inspection of marked copy of electoral roll, a copy of which is Annexure -4 to the writ petition.
(2.) IT seems that in an election held on 10 -4 -1982 for the Pradhan of Gaon Sabha Tumurki, Block Tondarpur, Pargana and Tahsil Shahabad, District Hardoi. A copy of that election petition is Annexure -1 to the writ petition. The Petitioner filed his written statement a copy of which is Annexure -2 to the writ petition. The election petition is still pending for disposal. It is a common ground that no issues have so far been framed in the election petition case but the Sub -Divisional Officer has passed the impugned order permitting inspection of the marked copy of the electoral roll. He has also observed that if the marked copy of the electoral roll supports and confirms the allegations of the Petitioner that unauthorised persons have illegally cast the votes in the names of persons already dead on the date of polling and the persons who were posted out on election duty on the date of polling then the ballot papers may be opened and given for inspection. The application on which the said order passed was also opposed by the present Petitioner on the ground, inter alia, that the present opposite -party had filed an application seeking the same relief on an earlier occasion which was disallowed. Hence he should not be permitted to raise the matter once again by moving another application for the same relief. Further, it was said that the stage has not yet reached to allow inspection of the marked copy of the electoral roll.
(3.) WE have heard the learned Counsel for the present Petitioner as also the opposite -party.;