FULENA SINGH versus VIJAY KUMAR SINHA & ORS.

FULENA SINGH versus VIJAY KUMAR SINHA & ORS.

The trial court's order permitting inspection of Form 17A registers without assigning reasons is unsustainable. Inspection under Rule 93 must not be permitted for roving inquiries or as a matter of course; a clear case with reasons must be made out. Application for inspection is remitted to the trial court for consideration along with the main election petition.

Parties
Appellant: Fulena Singh; Respondent: Vijay Kumar Sinha; Respondents: Others
Jurisdiction
India
Judgment Date
05 February 2009
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Order of High Court Permitting Inspection of Form 17 a Registers in an Election Petition
Outcome
Appeal allowed
Legal Topics
Inspection of Election Papers, Double Voting Allegations, Conduct of Election Rules, 1961, Form 17 a Voters Register
Election Law Inspection of Election Papers Double Voting Allegations Conduct of Election Rules, 1961 Form 17 a Voters Register

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Parties

Fulena Singh

Appellant

Vijay Kumar Sinha

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Order of High Court Permitting Inspection of Form 17 a Registers in an Election Petition

Legal Issues

  1. 1 Whether inspection of registers of voters in Form 17A can be permitted during the pendency of an election petition under Rule 93(1)(dd) of the Conduct of Election Rules, 1961
  2. 2 Whether inspection may be ordered as a matter of course, or only with clear reasons

Ratio Decidendi

The trial court's order permitting inspection of Form 17A registers without assigning reasons is unsustainable. Inspection under Rule 93 must not be permitted for roving inquiries or as a matter of course; a clear case with reasons must be made out. Application for inspection is remitted to the trial court for consideration along with the main election petition.

Court Disposition

Appeal allowed

Orders

  • Impugned order set aside.
  • Application for inspection remitted to trial court for consideration along with main election petition.