JUDGMENT : KARDAK ETE, J. Heard Mr. R. Biswas, learned counsel and Mr. D. J. Kapil, learned counsel for the applicant/election petitioner. Also heard Mr. P. K. Tiwari, learned Senior Counsel assisted by Mr. E. Menjo, learned counsel for the opposite party/respondent. 2. This is an application under Rule 93 of the Conduct of Elections Rules, 1961 read with Rule 19.10 of the Handbook for Returning Officer, 2023, and Section 151 of the Code of Civil Procedure, 1908, praying for a direction to the District Election Officer(DEO)/Returning Officer(RO) of the 19th Nyapin (ST) Assembly Constituency and 14th Doimukh Assembly Constituency to allow the applicant/election petitioner to inspect documents and materials (election papers) relating to the election process conducted during the 11th Arunachal Pradesh Legislative Assembly Election, 2024 and to provide requisite copies thereof. 3. The applicant/election petitioner has challenged the election of the opposite party to the 19th Nyapin (ST) Assembly Constituency during the 11th Arunachal Pradesh Legislative Assembly Election, 2024, inter alia on the ground of reception of void votes, booth capturing and concealment and false information in Form-26, thereby, materially affecting the result of the election so far as it concerns the Return Candidate i.e. opposite party/respondent. 4. 4. The applicant has filed Interlocutory Application (C) No. 129 of 2024 and prayed for the following documents, which may be produced by the DEO/RO of the 19th Nyapin (ST) Assembly Constituency and 14th Doimukh Assembly Constituency for inspection by this Court: “A. Form 17A maintained under Rule 49L of the Conduct of Election Rules, 1961 at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa polling stations; B. Form 17B maintained under Rule 49P of the Conduct of Election Rules, 1961at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa polling stations; C. Form 17C maintained under Rule 49S of the Conduct of Election Rules, 1961 at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa polling stations; D. Entire videography and CCTV footage starting from First Level checking of EVM till the time of storage of the EVM in the strong rooms where EVM were kept, maintained as per Rule 19.10.1 and 19.10.3 of the Returning Officer's Handbook, 2023 at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa polling stations; E. Presiding Officer's diaries as required to be maintained under Clause 13.45 of the Handbook of Returning Officer, 2023 at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa polling stations; F. Returning Officer's Diary as required to be maintained under Clause 10.1.5 of the Handbook of Returning Officer, 2023 at 19Nyapin (ST) Assembly Constituency; G. The marked copy of the Elector Roll at 30-Peel, 29-Kambang, 16- Pagba and 20-Rowa Polling Stations maintained as per Clause 11.18.1 of the Handbook of Returning Officer, 2023; H. Video of the Videography done as per Clause 11.21.3, 11.21.6 of the Handbook of Returning Officer, 2023 of the receipt, storage etc. of the postal ballot papers at 19th Nyapin (ST) Assembly Constituency; I. Video of the Videography done of the Strong Room at 19th Nyapin (ST) Assembly Constituency; J. Video of the Videography done of the at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa Polling Stations; K. Format-3 recording of postal votes received, maintained by the Returning Officer at 19th Nyapin (ST) Assembly Constituency as per Clause 11.21 of the Handbook of Returning Officer, 2023; L. Form 20 maintained at 19th Nyapin (ST) Assembly Constituency under Rule 54A of the Conduct of Election Rules, 1961; M. All applications under Form 12, Form 12-A and Form 12-C received in respect of electors of 19th Nyapin (ST) Assembly Constituency; N. Office copies of all certificates issued in Form 12-B in respect of electors of 19th Nyapin (ST) Assembly Constituency; O. All declarations given by the electors in Form 13-A in respect of 19th Nyapin (ST) Assembly Constituency; P. Marked Copy of Electoral Roll in respect of 19th Nyapin (ST) Assembly Constituency pertaining to all voters who cast votes by Postal Ballots; Q. Counterfoils of all Postal Ballot Papers cast and counted in respect of 19th Nyapin (ST) Assembly Constituency; R. Register of Voters in Form 17-A in respect of voters who had cast votes on Postal Ballots in 19th Nyapin (ST) Assembly Constituency; S. Packet of all the Postal Ballot Papers of valid, tendered or rejected Postal Ballots in respect of 19th Nyapin (ST) Assembly Constituency; T. List of electors with designations to whom Postal Ballot Papers were issued in respect of 19th Nyapin (ST) Assembly Constituency. U. Circular letter/notice dated 16.05.2024 pertaining to shifting of postal ballots from police station to strong room at 19th Nyapin (ST) Assembly Constituency. V. The marked copy of the Elector Roll, Form 17A, 17B and 17C maintained under Rule 49 of the Conduct of Election Rules, 1961 of the following Polling Stations: 1. 15-Hiya Polling Station 2. 11-Lower Nyapin Polling Station 3. 12-Upper Nyapin Polling Station 4. 18-Tajilangpo Polling Station 5. 20-Sangram Polling Station 6. 17-Yaki Polling Station 7. 28-Pungrung Polling Station 8. 10-Nyapin West Polling Station 9. 7-Chabang Polling Station 10. 21-Hote Polling Station 11. 25-Pating Polling Station 12. 19-Leel Polling Station 13. 35-Kimin Polling Station (Under 14-Doimukh Assembly Constituency) 14.33-Kimin Polling Station (Under 14-Doimukh Assembly Constituency)” 5. 12-Upper Nyapin Polling Station 4. 18-Tajilangpo Polling Station 5. 20-Sangram Polling Station 6. 17-Yaki Polling Station 7. 28-Pungrung Polling Station 8. 10-Nyapin West Polling Station 9. 7-Chabang Polling Station 10. 21-Hote Polling Station 11. 25-Pating Polling Station 12. 19-Leel Polling Station 13. 35-Kimin Polling Station (Under 14-Doimukh Assembly Constituency) 14.33-Kimin Polling Station (Under 14-Doimukh Assembly Constituency)” 5. This Court vide order dated 22.08.2024, in the aforementioned Interlocutory Application has directed the DEO/RO of 19th Nyapin (ST) Assembly Constituency and 14th Doimukh Assembly Constituency to preserve all the aforesaid documents and materials. By this present application the applicant/election petitioner prays for a direction to the District ElectionOfficer(DEO)/Returning Officer (RO) of the 19th Nyapin (ST) Assembly Constituency and 14th Doimukh Assembly Constituency to allow the applicant/election petitioner to inspect all the aforementioned documents and materials and to provide requisite copies thereof. 6. Mr. R. Biswas, learned counsel for the applicant submits that a conjoint reading of the Rule 93 of the Conduct of Elections Rules, 1961, and Rule 19.10 of the Handbook for Returning Officer, 2023 makes it clear that being acandidate in the election to the 19th Nyapin (ST) Assembly Constituency duringthe 11 Arunachal Pradesh Legislative Assembly Election, 2024, the applicant/election petitioner is entitled to inspect all the documents/papers relating to the election process and the videography/CCTV footage of various stages of election process under Rule 19.10 and thereafter, obtain a copy of the aforesaid documents/papers and CCTV footage as required. 7. He submits that the applicant had formally requested excess to the CCTV footage, polling records and other election-related documents from the concerned authorities.However, despite the clear provisions under the Rules, no response has been received from the authorities, nor has the applicant been allowed to inspect the requested records. Therefore, he submits that a directionmay be issued to the DEO/RO of 19th Nyapin (ST) Assembly Constituency and 14th Doimukh Assembly Constituency, to allow the applicants to inspect all the documents/papers and CCTV footage, as mentioned in the order dated 22.08.2024 and to provide any documents/papers and CCTV footage deemed pertinent by the applicant after inspection. 8. Mr. R. Biswas, learned counsel submits that the Hon'ble Supreme Court has held that an order of inspection may be granted if following two conditions are fulfilled: (i). 8. Mr. R. Biswas, learned counsel submits that the Hon'ble Supreme Court has held that an order of inspection may be granted if following two conditions are fulfilled: (i). That the petition for setting aside an election contains an adequate statement of the material facts on which the petitioner relies in support of the case; and (ii). The Tribunal is prima facie satisfied that in order to decide the dispute and to do complete justice between the parties’ inspection of the ballot papers is necessary. 9. Mr. R. Biswas, learned counsel submits that both conditions stand satisfied in the present case. The petitioner, in the election petition, has specifically alleged that the electoral rolls for certain polling stations contained the names of dead voters, duplicate voters and bogus/proxy/non-existent voters. Despite having brought these discrepancies to the notice of the concerned authorities, no remedial action was taken. It has been further submitted that these irregularities had a material impact on the outcome of the election, as they enabled votes to be cast through impersonation in favour of the returned candidate. 10. Mr. R. Biswas, learned counsel submits that this Court, in paragraphs 39, 55, 56, 57, and 58 of its order dated 21.03.2025 (in I.A. No. 182/2024 seeking striking out of pleadings), has unequivocally held that the pleadings in the present election petition discloses a valid cause of action. He submits that this Court has observed that the petition contains material facts and specific allegations were present, which justify a trial. Referring to the Hon’ble Supreme Court precedent, this Hon'ble Court further held that allegations concerning bogus, duplicate, and deceased voters, as set out in the pleadings, are sufficient to constitute a complete allegation. Accordingly, the election petition discloses material facts and particulars which must be considered and adjudicated during the course of trial. 11. Mr. R. Biswas, learned counsel submits that the Hon'ble Apex Court in Sethi Roop Lal (infra)had set aside the order of the High Court which had refused an application for production of the marked copy of the electoral roll. Accordingly, the election petition discloses material facts and particulars which must be considered and adjudicated during the course of trial. 11. Mr. R. Biswas, learned counsel submits that the Hon'ble Apex Court in Sethi Roop Lal (infra)had set aside the order of the High Court which had refused an application for production of the marked copy of the electoral roll. The Hon'ble Apex Court discussed in detail the manner in which marked copy is maintained and held that "Considering the limited purpose for which the marked copy of the electoral roll is maintained, namely, to identify the elector, it cannot be said that production thereof would impair the secrecy of the voters." It was further held that prima facie case was made out for production of the marked copy of the electoral roll. 12. Mr. R. Biswas, learned counsel submits that in the case of A. Neelalohithadasan Nadan (infra),the Hon’ble Apex Court held that "the principle of ‘secrecy of ballot’ must yield to the principle of 'purity of election' in larger public interest. It was held that the exercise of extrication of void votes under Section 62(4) of the Act would not in any manner impinge on the secrecy of ballot especially when void votes are those which have to be treated as no votes at all. 'Secrecy of ballot principle pre-supposes a validly cast vote, the sanctity and sacrosanct of which must in all events be preserved. When it is talked of ensuring free and fair elections it is meant elections held on the fundamental foundation of purity and the 'secrecy of ballot' as an allied vital principle."It was therefore held that section 94 cannot be pressed into service to suppress a wrong. The Hon'ble Apex Court noted that the High Court had allowed the inspection in order to facilitate evidence of witnesses and to facilitate quick trial. It was held that the High Court committed no error. 13. Mr. Biswas, learned counsel for the applicant, in support of his submissions, has placed reliance of the following judgements: 1. Ram Sewak YadavVs. HK. Kidwai, reported in AIR 1964 SC 1249, 2. Sethi Roop Lal Vs. Malti Thapar ,reported in (1994) 2 SCC 579 3. A. Neelalohithadasan Nadan Vs. 14. On the other hand, Mr. 13. Mr. Biswas, learned counsel for the applicant, in support of his submissions, has placed reliance of the following judgements: 1. Ram Sewak YadavVs. HK. Kidwai, reported in AIR 1964 SC 1249, 2. Sethi Roop Lal Vs. Malti Thapar ,reported in (1994) 2 SCC 579 3. A. Neelalohithadasan Nadan Vs. 14. On the other hand, Mr. P. K. Tiwari, learned senior counsel for opposite party/respondent submits that the applicant/Election Petitioner seeks to inspect and provide documents and materials before production of original documents (in his possession) under Order 13 Rule 1 and before the settlement of issues under Order 14th followed by presentation of the list of witnesses under Order 16 Rule 1 within 15(fifteen) days of the settlement of the issues.It is, therefore, at this stage allowing applicant to inspect such materials and obtain copies of the same would result in roving enquiry enabling applicant to fish out evidence to build his case against the respondent and would be against the law laid down by the Hon'ble Supreme Court in its various pronouncements. 15. Mr. P. K. Tiwari, learned senior counsel submits that the documents and materials which the applicant/Election Petitioner seeks to inspect and obtain copies of the same fall into 2(two) categories, i.e. the materials covered by Rule 93(1)(a) to (e) and the materials covered by Rule 93(2)(a) & (b) of the Conduct of Election Rules, 1961.The documents/materials covered by Rule 93(1) (a) to (e) of the Conduct of Election Rules, 1961 are A, B, G, M, N, O, P, R, S, T, V(1) to V(14). The documents and materials covered by Rule 93(2)(a) & (b) of the Conduct of Election Rules, 1961 are- D, E, F, H, I, J, K, L, Q and U as they fall into the category of "all other papers" within the meaning of Section 93(2) (a) of the Rules. He submits that for inspection and obtaining copies of the materials covered by Rule 93(2)(a) & (b) of the Conduct of Election Rules, 1961, no order of the Hon'ble Court is required and these materials can be inspected and copies of the same may be obtained by the applicant subject to such conditions and payment of such fee as the Election Commission may direct. Therefore, the respondent has no right to object to the applicant inspecting or procuring such documents and materials, marked as D, E, F, H, I, J, K, L, Q and U as they are covered by Rule 93(2)(a) & (b). 16. Mr. P. K. Tiwari, learned senior counsel submits that so far as the documents and materials covered by Rule 93(1)(a) to (e) are concerned, as per the mandate of Rule 93(1), the same cannot be inspected or produced before any person or authority, except under the order of the competent Court. 17. Mr. P. K. Tiwari, learned senior counsel submits that the Hon'ble Supreme Court in its various judicial pronouncements has laid down the conditions on the satisfaction of which an order for inspection and/or production of documents and materials can be passed by the Court/Tribunal. He has placed reliance on the following judgements: 1. Ram Sewak Yadav -Vs- HK. Kidwai, reported in AIR 1964 SC 1249, 2. Bhabhi -Vs- Sheo Govind, reported in (1976) 1 SCC 687 , 3. Chaitanya Kr. Aditya-Vs- Sushila Dixit, reported in (1976) 3 SCC 97 4. Fulena Singh -Vs- Vijay Kr. Sinha, reported in (2009) 5 SCC 290 5. Rekha Rana -Vs- Jaipal Sharma, reported in (2009) 17 SCC 115 , 6. Markio Tado -Vs- Takam Sorang, reported in (2012) 3 SCC 236 , 7. Hari Ram-Vs- Heera Singh (Full Bench), reported in AIR 1984 SC 396. 18. Mr. P. K. Tiwari, learned senior counsel submits that the stage at which an order for inspection of documents/materials can be made, was explained by the Full Bench Judgment of the Supreme Court in Chaitanya Kumar Aditya (Supra) wherein, the Hon'ble Court has held that this Court in a series of decisions has held that an order for inspection of election papers cannot be made as a matter of course and that it is only when on the basis of evidence adduced allegations of irregularity are prima facie established and the court is prima facie satisfied that the making of such an order is necessary to do complete justice between the parties then an order for inspection would be justified. 19. Mr. 19. Mr. P. K. Tiwari, learned senior counsel submits that in Annexure-27 of the Election Petition, the applicant has annexed charts giving the names of dead voters, double voters i.e. the voters whose names appear twice, non-existent voters in the electoral rolls of various Polling Stations but there is no pleading supported by relevant details and particulars that votes of such dead, double voters, non-existent voters were actually cast. 20. Mr. P. K. Tiwari, learned senior counsel submits that in the present case, there is not even a pleading that votes of invalid voters (dead, double voters, non-existent voters) were cast. Therefore, it is evident that the applicant is seeking inspection of documents to make a roving enquiry to fish out materials to set aside the election. 21. Mr. P. K. Tiwari, learned senior counsel submits that the Constitution Bench Judgment of the Supreme Court in Ram Sewak Yadav (Supra) has gone to the extent of holding thata mere allegation that the petitioner suspects or believes that there has been an improper reception, refusal or rejection of votes will not be sufficient to support an order for inspection. 22. Mr. P. K. Tiwari, learned senior counsel, while seriously objecting to the prayer of the applicant for inspection and provides copies thereof, particularly to documents and materials at serial Nos. A, B, G, M, N, O, P, R, S, T, V.1 to 14, submits that the applicant/petitioner cannot be allowed at this stage to inspect the said documents and materials. 23. Mr. R. Biswas, learned counsel, while rejoining his submissions, submits that in Ram Sewak Yadav (Supra), an application for inspection of ballot papers was rejected. The Petitioner in the present case is not asking for the production of the ballot papers and therefore the facts in the present case are different. He submits that the ratio in the judgment of Markio Tado (Supra) is not applicable. In that case an election petition was filed alleging corrupt practice. There was no allegation of double enrolment or double voting. An application was filed calling for record with relation to double voting. This was turned down by the High Court. However, after recording of evidence another application was filed calling for Form 17A to substantiate the plea of double voting. This application was allowed by the High Court. There was no allegation of double enrolment or double voting. An application was filed calling for record with relation to double voting. This was turned down by the High Court. However, after recording of evidence another application was filed calling for Form 17A to substantiate the plea of double voting. This application was allowed by the High Court. The Hon'ble Supreme Court in appeal noted that in the election petition there was no allegation of double voting. The Hon'ble Supreme Court held that the High Court could not have allowed the application as there was no allegation in the petition with respect to double voting. However, in the present case, the petitioner has clearly taken grounds relating to lists of double, bogus and dead voters. 24. Mr. R. Biswas, learned counsel, submits that in Rekha Rana (Supra) the application for production of Form 17A was objected to on the ground that it will infringe the principle of "secrecy of ballot" guaranteed by Section 94. Rejecting this contention, the Hon'ble Supreme Court held that “from marked electoral rolls, it is only possible to ascertain whether or not a vote had been cast in the name of a voter from a particular polling booth but it is never possible to decipher therefrom as to who is the beneficiary of the said vote as there is no indication on the electoral roll showing for whom the voter had cast his vote. It is to be borne in mind that the marked electoral roll is maintained primarily for the purpose of identifying the elector and as such, we fail to see how its production would impair the "secrecy of ballot" principle.” Accordingly, the contention of the learned counsel was rejected. It was further heldthat inspection of documents can be allowed if precise allegations of material facts are available on record and the court is satisfied that inspection of the documents is necessary to determine the issue arising for the decision in the case as also in the interest of justice. He submits that in Hari Ram (Supra)inspection of marked copy of the electoral roll was not allowed as it was found that there was no foundation laid in the election petition that votes were cast for the dead voters. He submits that in Hari Ram (Supra)inspection of marked copy of the electoral roll was not allowed as it was found that there was no foundation laid in the election petition that votes were cast for the dead voters. However, the facts in the present case are different as the petitioner has given full particulars of the dead, bogus and duplicate voters and that the respondent has taken advantage of the votes cast. 25. I have considered the submissions advanced by the learned counsel for the parties and also perused the relevant Rules as well as the judgments relied on by the learned counsels for the parties. 26. The documents and materials which the applicant/Election Petitioner seeks to inspect and obtain copies thereof falls into 2(two) categories, i.e. the materials covered by Rule 93(1)(a) to (e) and the materials covered by Rule 93(2)(a) & (b) of the Conduct of Election Rules, 1961.Rule 93 of the Conduct of Elections Rules, 1961 provides, which is reproduced herein under: “[93. Production and inspection of election papers.— (1) While in the custody of the district election officer or, as the case may be, the returning officer— (a) the packets of unused ballot papers with counterfoils attached thereto; (b) the packets of used ballot papers whether valid, tendered or rejected; (c) the packets of the counterfoils of used ballot papers; [(cc) the printed paper slips sealed under the provisions of rule 57C;] (d) the packets of the marked copy of the electoral roll or, as the case may be, the list maintained under sub-section (1) or sub-section (2) of section 152; and [(dd) the packets containing registers of voters in form 17-A;] (e) the packets of the declarations by electors and the attestation of their signatures,shall not be opened and their contents shall not be inspected by, or produced before, any person or authority except under the order of a competent court. [1A) The control units sealed under the provisions of rule 57C and kept in the custody of the district election officer shall not be opened and shall not be inspected by, or produced before, any person or authority except under the orders of a competent court.] (2) Subject to such conditions and to the payment of such fee as the Election Commission may direct,— (a) all other papers relating to the election shall be open to public inspection; and (b) copies thereof shall on application be furnished. (3) copies of the returns by the returning officer forwarded under rule 64, or as the case may be, under clause (b) of sub-rule (1) of rule 84 shall be furnished by the returning officer, district election officer, chief electoral officer or the Election Commission on payment of a fee of two rupees for each copy.] 27. The applicant/election petitioner has prayed for a direction to the Districtth Election Officer/Returning Officer of 19th Nyapin (ST) Assembly and 14th Doimukh Assembly Constituencies to allow the applicant to inspect the documents/papers and CCTV and videography footages as indicated in the order of the this Court dated 22.08.2024, which are mentioned at paragraph 4 herein above from serial No.A to V(1) to (14) and provide copies of the same. Therefore, the documents and materials marked as A, B, G, M, N, O, P, R, S, T, V.1 to 14, are examined on the basis of the pleadings in the election petition related to such documents and materials and the rest of the documents and materials are not discussed and considered in view of the fact that they are covered by Rule 93(2)(a) & (b), coupled with the fact that no objection is raised by the opposite party. 28. The documents in serial No. "A" is Register of Voters in Form 17A under Rule 49L of the Conduct of Election Rules, 1961 in respect of 30-Peel, 29- Kambang, 16-Pagba and 20-Rowa Polling Stations. The Form 17A records electoral roll number of the voter as entered in the marked copy of the electoral roll of a Polling Station along with his name, signature/thumb impression. The Form 17A records electoral roll number of the voter as entered in the marked copy of the electoral roll of a Polling Station along with his name, signature/thumb impression. When voter/elector enters the Polling Station, after verifying his identity, his name is located and marked in the electoral roll of that Polling Station and thereafter hisparticulars are entered in Form 17A, Hence, Form 17A in a Polling Station discloses the identity of an elector casting his vote. 29. Documents in serial No. "B" are "Forms 17B" under Rule 49P of the Conduct of Election Rules 1961 pertaining to 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa Polling Stations. These forms are the records of tendered votes cast by those persons who represent themselves to be those very persons whose votes were already cast. The votes of such persons are not cast through EVMs but in the form of ballot papers and record of such tendered votes are maintained in Form 17B along with serial number in Register of voters in Form 17A of persons who have already voted in place of the electors. 30. Documents in serial No. "C" is "Form 17C" under Rule 49S of the Conduct of Election Rules 1961 pertaining to 30-Peel, 29-Kambang, 16-Pagba and 20- Rowa Polling Stations are the account of votes recorded in the respective polling stations. It contains not only the account of votes recorded in the respective polling stations but also the record of electors assigned to the polling stations; record of voters entered in the register of voters (Form 17A); record of voters deciding not to record votes under Rule 49-O and the record of voters not allowed to vote under Rule 49M.Form 17C also contains record of votes tendered as per voting machine along with record of those voters to whom "tendered ballot papers" were issued under Rule 49P (Form 17B) along with record of tendered ballot papers. 31. Documents in serial No. "G" are the marked copies of the electoral rolls at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa Polling Stations. These documents are covered by Rule 93 (1) (d) of the Conduct of Elections Rules, 1961. When a person casts his vote, his name is marked in the electoral roll. 32 . 31. Documents in serial No. "G" are the marked copies of the electoral rolls at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa Polling Stations. These documents are covered by Rule 93 (1) (d) of the Conduct of Elections Rules, 1961. When a person casts his vote, his name is marked in the electoral roll. 32 . Documents in serial No. "M" are the applications under Form 12 (Rules 19 & 20); Form 12A [Rule 20(2)] and Form 12C [Rule 27(c)] received in respect ofelectors of 19th Nyapin (ST) Assembly Constituency.The above Forms are the records of declaration of those persons who are posted on election duty and intend to cast their vote by postal ballot and of notified class of electors. Such persons by Form 12 intimate the Returning Officer about their desire to cast votes and accordingly to issue them ballot papers. Form 12A is the record of election duty certificate issued to such a person to enable him to vote at the polling station where he is posted on duty on a polling day. Form 12C is the letter of intimation to Assistant Returning Officer by notified class of electors like those who are registered as migrants or as a government employee or as a pensioner etc. It contains all the particulars of such persons disclosing their complete identity. 33. The documents sought for in serial No. "N" are the copies of election duty certificate issued in Form 12B [Rule 20(2) & 35A] in respect of electors of 19th Nyapin (ST) Assembly Constituency. Form 128 contains the record of those electors who by reason of their being on election duty are unable to vote at the polling station where they are entitled to vote and are therefore authorized by the Returning Officer of the polling station where such persons are posted, to vote at such polling stations where such persons are on duty. Declaration of Elector in Form 12A [Rule 20(2)] is linked with Form 12B [Rule 20(2) & 35A]. 34. The documents in serial No. "O" are the declarations given by electors inForm 13A [Rule 23(1)(a)] in respect of 19th Nyapin (ST) Assembly Constituency. Form 13A is the record of those electors to whom postal ballot papers bearing specific Serial numbers are issued. 34. The documents in serial No. "O" are the declarations given by electors inForm 13A [Rule 23(1)(a)] in respect of 19th Nyapin (ST) Assembly Constituency. Form 13A is the record of those electors to whom postal ballot papers bearing specific Serial numbers are issued. The documents in serial No. "P" are themarked copies of the electoral rolls in respect of 19th Nyapin (ST) Assembly Constituency pertaining to all the voters who cast their votes by postal ballots. Documents in serial No. "Q" are the counter foils of all postal ballot papers castand counted in respect of 19th Nyapin (ST) Assembly Constituency. 35. The documents in serial No. "R" is the register of voters in Form 17A inrespect of voters who had cast votes through postal ballots in 19th Nyapin (ST) Assembly Constituency. Packets containing register of voters in Form 17A are covered by Rule 93(1)(dd). Materials sought for in serial No. "S" are the packets of the postal ballot papers of all the valid, tendered or rejected postal ballots inrespect of 19th Nyapin (ST) Assembly Constituency which are covered by Rule 93(1)(b). The documents under serial No.'O', 'P', 'Q' and 'R', are also applicable to the materials sought for in serial No.'S'.The document in serial No. "T" is the list of electors with designations to whom postal ballot papers were issued inrespect of 19th Nyapin (ST) Assembly Constituency.The nature and scope of the said list of electors to whom postal ballot papers were issued is similar to Form 12, 12A, 12B and 13A. 36. The documents in serial No. "V" are the marked copies of the electoral rolls, Form 17A, 17B and 17C maintained under Rule 49 of the Conduct of Election Rules, 1961, in respect of (1) 15-Hiya Polling Station; (2) 11-Lower Nyapin Polling Station; (3) 12-Upper Nyapin Polling Station; (4) 18-Tajilangpo Polling Station; (5) 20-Sangram Polling Station; (6) 17-Yaki Polling Station; (7) 28-Pungrung Polling Station; (8) 10-Nyapin West Polling Station; (9) 7-Chabang Polling Station; (10) 21-Hote Polling Station; (11) 25-Pating Polling Station; (12) 19-Leel Polling Station; (13) 35-Kimin Polling Station (Under 14-Doimukh Assembly Constituency) and (14) 33-Kimin Polling Station (Under 14-Doimukh Assembly Constituency). 37. Having perused the above documents/materials in serial Nos. A, B, G, M, N, O, P, R, S, T, V.1 to 14, this court finds that the aforementioned documents and materials are covered by Rule 93(1)(a) to (e) of the Conduct of Election Rules, 1961. 37. Having perused the above documents/materials in serial Nos. A, B, G, M, N, O, P, R, S, T, V.1 to 14, this court finds that the aforementioned documents and materials are covered by Rule 93(1)(a) to (e) of the Conduct of Election Rules, 1961. In that view of the matter, if applicant/petitioner is allowed at this stage to inspect and obtain the said documents and materials prior to filing of original documents, before framing of issues and prior to presentation of list of his witnesses, would result in allowing the applicant petitioner to make a roving enquiry to fish out materials for challenging the election of the opposite party which would not be permissible. 38. In the case of Chaitanya Kumar Aditya (Supra), the Hon'ble Court has held that this Court in a series of decisions has held that an order for inspection of election papers cannot be made as a matter of course and that it is only when on the basis of evidence adduced allegations of irregularity are prima facie established and the court is prima facie satisfied that the making of such an order is necessary to do complete Justice between the parties then an order for inspection would be justified. 39. In Hari Ram (Supra)the Hon'ble Supreme Court has held which is reproduced herein under: "8. ........The main ground put forward by the respondent was that there were a number of dead persons for whom also votes were cast. Despite this allegation, no details and particulars were given nor was it even mentioned whether the polling agent of the respondent had made any note of the fact that votes were actually cast for dead persons and the number of these votes. The allegations made by the respondent/petitioner in his application for inspection are frightfully vague. There is no allegation as to whether any vote was cast for the dead persons and this is what the respondent sought to find out by inspecting the marked electoral rolls. It is manifest that this attempt of the respondent was nothing but to fish out the material for challenging the election of the appellant and it clearly violated the sanctity and secrecy of the electoral process. Thus the High Court was clearly wrong in allowing such prayers for inspection." 40. It is manifest that this attempt of the respondent was nothing but to fish out the material for challenging the election of the appellant and it clearly violated the sanctity and secrecy of the electoral process. Thus the High Court was clearly wrong in allowing such prayers for inspection." 40. In Ram Sewak Yadav (Supra) and in its various judicial pronouncements the Hon'ble Supreme Court has laid down the following conditions on the satisfaction of which an order for inspection and/or production of documents and materials can be passed by the Court/Tribunal which are (i). Inspection/production of the document is necessary in the interest of justice. (ii). petition for setting aside an election contains adequate statement of material facts on which the petitioner relies in supportof his case. iii) the Tribunal is prima facie satisfied that in order to decide the dispute and to do complete justice between the parties, inspection is necessary. (iv) order for inspection cannot be granted as a matter of course to support vague pleas in the election petition and to fish out evidence to support such pleas(v) mere allegation that the petitioner believes that there has been an improper reception, refusal or rejection of votes will not be sufficient to support an order for inspection and (vi) order for inspection cannot be granted for making roving enquiry to fish out evidence for getting election set aside. 41. As relied by Mr. R. Biswas, learned counsel for the applicant, the Hon'ble Supreme Court in Sethi Roop Lal (Supra),had set aside the order of the High Court which had refused an application for production of the marked copy of the electoral roll. The Hon'ble Supreme Court discussed in detail the manner in which marked copy is maintained and held that "Considering the limited purpose for which the marked copy of the electoral roll is maintained, namely, to identify the elector, it cannot be said that production thereof would impair the secrecy of the voters." It was further held that prima facie case was made out for production of the marked copy of the electoral roll. 42. In the case of A. Neelalohithadasan Nadan (Supra),it has been held that "the principle of ‘secrecy of ballot’ must yield to the principle of 'purity of election' in larger public interest. 42. In the case of A. Neelalohithadasan Nadan (Supra),it has been held that "the principle of ‘secrecy of ballot’ must yield to the principle of 'purity of election' in larger public interest. It was held that the exercise of extrication of void votes under Section 62(4) of the Act would not in any manner impinge on the secrecy of ballot especially when void votes are those which have to be treated as no votes at all. 'Secrecy of ballot principle pre-supposes a validly cast vote, the sanctity and sacrosanct of which must in all events be preserved. When it is talked of ensuring free and fair elections it is meant elections held on the fundamental foundation of purity and the 'secrecy of ballot' as an allied vital principle."It was therefore held that section 94 cannot be pressed into service to suppress a wrong. The Hon'ble Supreme Court noted that the High Court had allowed the inspection in order to facilitate evidence of witnesses and to facilitate quick trial. 43. Having considered the documents and materials sought to be allowed to inspect and provide copies thereof by the applicant/election petitioner and having been found the documents in serial Nos. A, B, G, M, N, O, P, R, S, T, V.1 to 14th covered by Rule 93(1)(a) to (e) of the Conduct of Election Rules, 1961 as well as in light of the principles of law laid down by the Hon’ble Supreme Court, I am of the considered opinion that,at this stage, the prayer for a direction to allow to inspect and obtain the aforementioned particular documents and materials prior to filing of original documents, before framing of issues and prior to presentation of list of his witnesses, would not be necessary and would result in allowing the applicant/petitioner to make a roving enquiry to fish out materialsfor challenging the election of the opposite party. More so, this Courtvide order dated 22.08.2024, has directed the DEO/RO of 19th Nyapin (ST) Assembly Constituency and 14th Doimukh Assembly Constituencyto preserve all the aforesaid documents and materials as sought by the applicant/petitioner in IA (C) No.129/2024. 44. For the foregoing reasons, the relief sought for by the applicant/petitioner in respect of the documents and materials in serial Nos. A, B, G, M, N, O, P, R, S, T, V.1 to 14 is declined at this stage. 44. For the foregoing reasons, the relief sought for by the applicant/petitioner in respect of the documents and materials in serial Nos. A, B, G, M, N, O, P, R, S, T, V.1 to 14 is declined at this stage. However, the documents and materials particularly- D, E, F, H, I, J, K, L, Q and U may be allowed to inspect and copies of the same may be obtained by the applicant/petitioner in accordance with Rules as the same are covered by Rule 93(2)(a) & (b) of the Conduct of Election Rules, 1961. 45. In the result this Interlocutory Application is partly allowed and disposed of.