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3. An election petition was moved by the first respondent. The claim of the election petitioner was that he had obtained more valid votes than the appellant and was therefore entitled to be declared elected instead of the appellant for reasons stated in the election petition. In paragraph 5-A of the election petition, it was asserted that several voters, whose names had wrongly and accidentally been included in the electoral rolls of more than one polling stations in the Constituency had dishonestly voted in the election in both the polling stations taking undue advantage of the double inclusion of their names. It was suggested that this had obviously been done by erasing the ink-mark on the little finger of the voters in order that at the polling station where they voted the second time, neither the polling staff nor the polling agents could become aware of the fraud. The election petitioner further asserted that he had ascertained the names, roll numbers and other details of 19 voters and the polling stations in which they had voted, necessary details of which were furnished in Annexures 1 and 1-A to the election petition. It was pleaded that all the 19 persons had voted twice and, according to Section 62(4) of the Act, both the votes polled were void. Further, those 19 persons had voted for the appellant. He therefore suggested that it was necessary to pick out the votes cast by those persons and eliminate them from consideration, ejectable as they were under Section 62(4) of the Act. It was also asserted that if any one or more of these voters claim and prove that their votes at one of the polling stations had been validly cast, it would then be obvious that the vote in 'the other polling station was cast by an impersonator and hence void and would be liable to be rejected. The petition is supported by an affidavit in accordance with Rule 94-A of the Statutory Election Rules. Annexures 1 and 1-A are part and parcel of the petition.

4. The allegations in the election petition on this score were obviously denied by the appellant. Rather a recrimination petition was filed by the appellant to suggest similar void voting pertaining to other votes, which votes were alleged to have gone to the election petitioner. Issue 1 struck by the High Court on that score was thus as under:

"Were there impersonation of voters in the election and whether single voter did cast votes in more than one polling station?"

The High Court on examining the evidence led by the parties on the issue found that ballot papers enumerated in paragraph 67 of its judgment deserved being picked out from the respective ballot boxes to be rejected as void. The ministerial work for the purpose was assigned to the Joint Registrar of the High Court. It was ordered that the above votes be deducted from the total votes polled by the respective candidates. Time allotted for the purpose was five days. Inspection was to be done in the presence of counsel representing the election petitioner and the elected candidate. Issue 1 was to be found in the above terms.

(ii) In cases of double registration of votes, in which one vote was validly cast by one and the same person in some polling station and the other by some impersonator, the High Court declared void the vote cast by the impersonator; and
(iii) The Court exercised its powers under Section 73 of the Evidence Act in comparing the admitted and proved handwriting of the voter with the disputed ones to come to the conclusion whether a particular voter had voted twice or just once. The signatures on the counterfoils of the ballot papers obtained at one. polling station were compared with the signatures on the counterfoils of ballot papers obtained at the other; the Court holding whether they did or did not tally.

recrimination petition was filed on 10-9-1991. Issues were framed on 20-9-1991. The election petitioner on 26-9-1991 was allowed to amend the Election Petition so as to include 10 more cases of double voting. The corresponding amendment application filed by the appellant for taking into account details of double voting having taken place in another neighbouring constituency was rejected by the High Court for it was based on a new charge. The second amendment application of the election petitioner was allowed on 7-10- 1991 so as to include 23 more cases of alleged double voting. It is at that stage that is on 7-10-1991 that the Court permitted inspection of the counterfoils since several double voters had been summoned for the following day to appear on 8-10-1991 and subsequent days, on the oral prayer/application of both the election petitioner and the appellant. The court apparently took into account that since witnesses were to be examined on the question of their double voting and were expected to take a positive stand, it would become necessary to corroborate or confront them with the counterfoils of the ballot papers issued to them which purported to have been signed or not by them, in order to save time lest examination of the witnesses be time consuming. The Court allowed inspection of the roll and counterfoils in order to facilitate evidence of the witnesses on the date of their appearance, which was the following day. The suggestion no doubt was oral but the Court seemed to agree with the suggestion and inspection was permitted to both parties in the presence of the Registrar. The commonality of the approach of the parties on the question of double voting must have clearly goaded the Court to adopt such measure to facilitate quick trial. It is the case of the election petitioner that the counsel for both the parties inspected the counterfoils on 7-10-1991 in the 2 (1964) 6 SCR 238, 247-50: AIR 1964 SC 1249 : 26 ELR 14 3 (1984) 2 SCC 36: (1984) 1 SCR 932, 937 4 (1980) 2 SCC 537 5 AIR 1966 SC 773, 783 (para 31): 28 ELR 81 6 (1969) 2 SCC 433, 436 (para 7) : (1970) 1 SCR 852, 856- Registrar's room as also on subsequent days, even though there was no written application made and there was no formal written order of the Court. Yet the inspection was open to both the parties without any objection having ever been raised by the appellant. In the facts and circumstances, we fail to see how the principle of secrecy of ballot can be imported to question the power of the Court to orally allow inspection in its endeavour to eliminate the impurity in elections, the opportunity provided having been availed of without demur by both parties. In this situation, it is difficult for us to digest the argument that here the High Court proceeded to allow inspection without being satisfied on evidence, even in the form of affidavit, that it was necessary to allow inspection in the interest of justice. Since the names of the voters who were alleged to have double voted, had specifically been pleaded in the election petition (as amended from time to time) and the recrimination petition, it was necessary to correlate their names with the electoral rolls and the counterfoils of the ballot papers so that in case of double voting or impersonated voting, the impure element in the election process could be identified and retrieved from the election package. The primary purpose thus was to purify the electoral process and not to hunt or hound the voter's choice, when exercised validly and freely. It is for that purpose that the Court, in the interest of justice, to facilitate a quick trial permitted the parties to inspect beforehand the records but after the framing of the requisite issues arising from the pleadings of the parties and not earlier. This approach could not be termed as permitting a 'roving or fishing' enquiry, as it is sometimes described in cases of a claim for re-count. We are thus of the view that the High Court committed no error in permitting such inspection in the facts and circumstances. We must, however, hasten to clarify that we should not be understood to approve of the High Court giving oral directions in such serious matters without insisting on a formal application setting out how a prima facie foundation was laid for the grant of such relief.