V.K.Shukla,J. - (1.) ELECTION for the post of Pramukh Kshetra Panchayat Bhitaura, District Fatehpur was held, wherein petitioner as well as Smt. Anjana Singh were candidates. Counting of vote was held and both the said candidates secured 43 votes each and as such declaration of result took place by draw of lots wherein petitioner was declared as elected. Validity of the aforesaid election has been challenged by Smt. Anjana Singh by means of ELECTION Petition No.1 of 2006 before the District Judge, fatehpur. In the said election petition, written statement was filed by petitioner and application was also moved under Order VII Rule 11 C.P.C. for rejecting the said petition for non disclosure of any cause of action. On the said application so moved, order was passed on 10.7.2006 to the effect that the same shall be disposed of alongwith the election petition. Civil Misc. Writ Petition No. 40529 of 2006 was filed and this court on 2.8.2006 passed order to decide said application first, and then election petition on merits. On 9.7.2007 application was moved by Smt. Anjana Singh by mentioning that entire record of the election including ballot papers may be summoned. To the said application, objection was filed by petitioner on 13.7.2007 by mentioning that application filed by Smt. Anjana Singh was devoid of substance. ELECTION Tribunal framed various issues and issue No. 6 was framed as to whether the petition is not maintainable as alleged in para nos. 18,19,20,41, and 42 of the written statement. Said application was decided against the petitioner. Against the order dated 30.1.2008 petitioner had filed Civil Misc. Writ Petition No.7882 of 2008. Said writ petition was considered by this court and same was dismissed on 14.2.2008 with the observation that the Tribunal will do well to decide the matter very expeditiously without granting any unnecessary adjournment. Thereafter on the application, which was moved on 9.7.2007 for summoning entire record of the election including ballot papers, the ELECTION Tribunal passed order as follows " summon the record as prayed for perusal" and on the said application itself endorsement was made by the election petitioner " I will not produce any oral evidence after summoning the record". Thereafter communication has been sent from the office of the Additional district Judge Court No.2, Fatehpur for summoning the entire record and ballot on 28.7.2008. At this juncture Civil Misc. Writ Petition No. 39098 of 2008 had been filed. This Court on 06.08.2008 finally disposed of the aforesaid writ petition with following direction which is quoted below: "Records of election and ballot papers, should not be directed to be summoned or called, as a matter of course, merely on the desire of election petitioner. Before proceeding to direct, summoning of record of election and ballot papers, material facts has to be pleaded stating irregularities in counting of votes and prima facie case must be established on the basis of material produced, that there is ground in existence, then only ELECTION Tribunal can direct for summoning of record/ballots and said documents and ballots can be examined, not with the object to fish out material in support of election petitioner, but when same is imperatively necessary for deciding dispute and for doing complete justice. Parties to the dispute have agreed that though documents/ballots have been summoned, the ELECTION Tribunal shall not proceed to inspect the said document/ballots until and unless requisite exercise prescribed by Hon'ble Apex Court in the case of Sadhu Singh Vs. Darshan Singh 2006(64) ALR 905 are not fulfilled and parameter provided for are in existence. With these observations/directions, writ petition is disposed of." Pursuant to order passed by this Court on 17.10.2008 ELECTION Tribunal passed order that it was imperatively necessary for the ELECTION Tribunal to inspect election papers for deciding the dispute and for doing complete justice. Against the said order Civil Misc. Writ Petition No. 5620 of 2008 has been filed and this Court found that ELECTION Tribunal has neither considered nor has discussed the evidence for coming to the conclusion that the ballot papers may be inspected itself by the Tribunal, in this background matter has been remanded back on 04.12.2008. Thereafter matter again taken by the ELECTION Tribunal and on 20.03.2009 an order was passed refusing to summon the ballots and election documents. At this juncture present writ petition has been filed. Sri U.N. Sharma, Senior Advocate assisted by S.D. Yadav, Advocate, contended with vehemence that in the present case ELECTION Tribunal has totally failed to discharge its obligation cast upon it while proceeding to consider the application for summoning ballots and election documents and in the present case on mere surmises and conjecture order impugned has been passed without undertaking any real exercise as to whether facts and circumstances warrant passing of the order of summoning or not, as such impugned order is liable to be quashed. Countering said submission Sri Shashi Nandan, Senior Advocate, assisted by Sri Shyam Sunder Mishra, contended with vehemence that rightful exercise has been undertaken in the matter and rightful discretion has been exercised and same warrants no interference by this Court. After respective arguments have been advanced, factual position which is emerging in the present case is that this Court on 06.08.2008 had clearly mentioned that ELECTION Tribunal shall not proceed to inspect to inspect the said document/ballots until and unless requisite exercise as prescribed by Hon'ble Apex Court in the case of Sadhu Singh Vs. Darshan Singh reported in 2006 (64) ALR 905 was not undertaken and parameter provided for are in existence. Pursuant to the order passed by this Court for summoning of documents for doing complete justice order was passed by ELECTION Tribunal on 17.10.2008, directing summoning of election papers. Said order was again subject matter of challenge in Civil Misc. Writ Petition No. 5620 of 2008 before this Court and this Court has noted that ELECTION Tribunal has neither considered nor has discussed the evidence for coming to the conclusion that the ballot papers may be inspected itself by the Tribunal, in this background quashed the order and remanded the matter back. This time ELECTION Tribunal has proceeded to mention that from the side of plaintiff Smt. Anjana Singh and Naresh have appeared and from the side of defendant Smt. Suman Patel and Ram Avatar have appeared and then ELECTION Tribunal has further proceeded to mention that Smt. Anjana Singh in her statement has proceeded to give circumstances wherein valid votes cast in her favour has been illegally declared as invalid and thereafter it has been mentioned contrary to the same Ram Avatar, Assistant Returning Officer has mentioned that in his statement that elections were held as per guideline of the ELECTION Commission and elections are valid. Thereafter Tribunal has proceeded to mention that after analysing the evidence adduced and on the basis of material available, election petition can be decided and then ELECTION Tribunal has proceeded to mention then in this background it is not necessary to summon ballots and election documents from the office of ELECTION Officer. ELECTION Tribunal has proceeded to mention that only arguments are left to be heard as such said documents are not required and the matter to be decided on the basis of material available and on the basis of principle propounded in the case of Sadhu Singh (Supra) ballots and election documents cannot be summoned. ELECTION Tribunal has once again erred, inasmuch as this facet has not at all considered as to whether election petition contained pleadings qua irregularities in counting of votes on the said score there existed evidence and circumstances primafacie to justify the said grounds and same was imperatively necessary for doing complete justice between the parties. ELECTION Tribunal has conveniently ignored such facet of the matter and has ejected the said application without actually going into the merit of the application as to whether pre-requisite term and condition for summoning of the documents and inspection of the documents has been made out or not. Here fact of the matter is that no exercise whatsoever has been undertaken, as such order dated 20.03.2009 passed by Additional District Judge, Court No. 2, Fatehpur, is hereby quashed and set aside. Concerned court is directed to reconsider the application within next two months from the date of presentation of certified copy of this order. With the above observations and direction present writ petition is allowed.;