HARI RAM versus HIRA SINGH & ORS.

HARI RAM versus HIRA SINGH & ORS.

Before allowing inspection of electoral rolls and counterfoils at an interlocutory stage, the court must ensure proper foundation and sufficient material are provided and that secrecy and sacrosanct nature of the electoral process is not compromised. Inspection should be allowed only when absolutely essential, not for vague or frivolous allegations. The respondent's application lacked specifics and amounted to a fishing expedition, thus violating election secrecy.

Parties
Appellant: Hari Ram; Respondent: Hira Singh
Jurisdiction
India
Judgment Date
25 November 1983
Procedural Posture
Civil Appeal by Special Leave / Final Appellate Decision
Outcome
Appeal allowed; order of High Court set aside; prayers for inspection rejected; no order as to costs.
Legal Topics
Secrecy of Electoral Process, Inspection of Electoral Documents, Interlocutory Application in Election Petition
Election Law Secrecy of Electoral Process Inspection of Electoral Documents Interlocutory Application in Election Petition

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Parties

Hari Ram

Appellant

Hira Singh

Respondent

Procedural Posture

Civil Appeal by Special Leave / Final Appellate Decision

Legal Issues

  1. 1 Whether a court can order production and inspection of marked electoral rolls and counterfoils at an interlocutory stage in an election petition

Ratio Decidendi

Before allowing inspection of electoral rolls and counterfoils at an interlocutory stage, the court must ensure proper foundation and sufficient material are provided and that secrecy and sacrosanct nature of the electoral process is not compromised. Inspection should be allowed only when absolutely essential, not for vague or frivolous allegations. The respondent's application lacked specifics and amounted to a fishing expedition, thus violating election secrecy.

Court Disposition

Appeal allowed; order of High Court set aside; prayers for inspection rejected; no order as to costs.

Orders

  • Appeal allowed
  • Order of High Court dated 19th September, 1983 set aside