Jaspreet Kaur and Another vs Gurmail Singh and Others

S.D. Anand, J.—The challenge herein, at the instance of the petitioners, is to the impugned order dated 10.3.2009, vide which the learned Election Tribunal, Ferozepur, ordered the summoning of the election record. The impugned order was granted by the Tribunal on a plea filed before it by the respondents. The election petition is otherwise fixed for (final) arguments.

Respondent No. 1-Gurmail Singh lost at the hustings (panchayat election); while the petitioners were declared winners. The respondent No. 1 raised a plea at the trial that the category of the petitioners herein had been wrongfully changed. The Tribunal has ordered the summoning of the record for ascertainment of correctness or otherwise of the averment aforementioned.

The grievance of the learned Counsel for the petitioners is that he shall not, at all, get an opportunity to peruse the relevant record i.e. nomination papers etc. and the Tribunal may use it to their detriment.

The parties have already concluded their respective evidence. The Tribunal wants to peruse the relevant record with a view to find out the authenticity or otherwise of the averment that the category of the petitioners herein had been wrongfully changed. Whatever transpires from the record has to be relatable to be substantive evidence adduced at the trial. The grievance of the petitioners can be taken care of by directing the Tribunal to allow the inspection of the record in the first instance and also to make available to the petitioner herein the photocopies of the relevant nomination papers.

The petition shall stand allowed accordingly with a direction that the petitioner shall be allowed to inspect the record in the first instance and also to obtain the photocopies of the relevant nomination papers. If the party opposite wants the same relief, they shall also be entitled to have a similar facility.