Purnendu Singh, J. – Heard Mr. P. K. Verma, learned senior counsel along with Mr. Sanjay Kumar Ghosarvey, learned counsel for the petitioner; Mr. Ravi Ranjan, learned counsel for the State Election Commission and Mr. Sanjay Kumar Sinha, learned counsel along with Mr. Shivjee Singh, learned counsel and Mr. Mukesh Kumar, learned counsel for the respondent no. 2.

2. The writ application has been filed assailing the order dated 12.01.2023 passed in Election Suit No. 01/2022 by the learned Munsif-II Saran at Chapra, whereby all the Electronic Voting Machines (“EVMs” for short) used in the elections of Mukhiya Gram Panchayat Baligaun under Parsa block in Saran district held on 12.12.2021 and the result prepared after counting have been summoned for production/inspection under under Order XVI, Rule 14 C.P.C.

FACTUAL MATRIX

3. Brief facts of the case are that the election for the post of Mukhiya in Panchayat Election 2020-21 of Gram Panchayat Raj Baligaon, Block - Parsa, District – Saran, was held on 12.12.12021. The petitioner and Respondent No. 2, were contesting candidates out of total 5 contesting candidates. According to the public notice issued by the Returning Officer, the detailed sch