Judgment

GROVER, J. :- This appeal from a judgment of the Punjab and Haryana High Court which is directed against an order of the Chief Election Commissioner allowing inspection in terms of Rule 93 of the Conduct of Election Rules, 1961, shall stand disposed of in the following manner :-

Counsel for the appellant and the contesting respondent who is the returned candidate agree that the order of the Chief Election Commissioner dated 15th March, 1971 would be set aside on the ground that no reasons have been recorded in that order as required by Rule 93 of the Conduct of Election Rules, 1961. The formal order of 16th March, 1971, shall also set aside as not being the order of the Chief Election Commissioner. This will, however, be without prejudice to the right of the appellant to seek an order of inspection of the ballot papers and the electoral rolls used for the Lok Sabha Parliamentary Election of the Fazilka constituency held in March, 1971 and/or recount in the election petition filed by the appellant challenging the said election and now pending in the Punjab and Haryana High Court in accordance with the law laid down by this Court, in particular, the decision reported in Jitend