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1988 DIGILAW 1017 (ALL)

Ram Naresh Singh v. District Magistrate, Lucknow Others

1988-11-02

RAJESHWAR SINGH, U.C.SRIVASTAVA

body1988
JUDGMENT 1. By means of this writ petition under Article 226 of the Constitution of India, the petitioner has prayed that a writ of mandamus be issued to the opposite parties nos. 1 and 2 commanding them to issue the certified copy of the application dated 16101988 for recounting of votes moved by him at the time of counting of votes. In para 8 of the writ petition it has been alleged that certified copy of the application dated 16101988 of the petitioner for the recounting of votes has not been given by the opposite party no. 1 to the petitioner on the ground that the application dated 16101988 moved by him is a secret document as contemplated under rule 30 of the U.P. Kshettra Samitis (Election of Pramukhs and UpPramukhs and Settlement of Election Disputes) Rules 1962, so the certified copy cannot be issued. It has been stated by the opposite parties that the used ballot papers and marked copy of electoral roll and the counterfoils cannot be allowed to be inspected and their certified copies cannot be issued. The learned counsel for the petitioner stated that the records may be inspected and their copies may be issued by the opposite parties nos. 1 and 2. In para 9 of the writ petition, the petitioner's learned counsel has quoted the relevant rule which reads as under: 30 (2). Subject to the provisions of Subrule (5) of rule 4, the packets of ballot papers whether unused, cancelled, valid or rejected and the list of members used while issuing ballot papers shall not while in the custody of the District Magistrate, be opened and their contents shall not be inspected by or produced before any person or authority except under the orders of the competent court. Inspection of the other papers shall be allowed by the District Magistrate to any person within such hours as he may fix for the purpose. 30 (3). Inspection of election papers, whether allowed by the competent court or the District Magistrate under subrule (2) shall be subject to the condition of payment of a fee of Rs. 2 per day on which this inspection is made and copies of the returns prepared under subrule (c) of rule 28 shall be furnished by the District Magistrate to any person who may ask for the same, on payment of a fee of Rs 2 for each copy. 2 per day on which this inspection is made and copies of the returns prepared under subrule (c) of rule 28 shall be furnished by the District Magistrate to any person who may ask for the same, on payment of a fee of Rs 2 for each copy. 2. The learned counsel for the state has not been able to point out any provisions of law regarding inspection of the records and for issuance of the certified copies. From a perusal of the aforesaid rules, it is clear that inspection of papers other than the packets of ballot papers or list of members used while issuing ballot papers can be made and their certified copies can be issued by the District Magistrate or competent Court on payment of requisite charges. We, therefore, observe that the opposite parties shall allow the petitioner to inspect the relevant records with regard to (sic) issue the certified copy of the application dated 161088 for recounting of votes moved by him at the time of counting of votes. 3. With the above observations, the writ petition is disposed of finally. 4. Copy of this order may be given to the learned counsel for the petitioner on payment of usual charges today. (Order accordingly)