1. Heard Mr. M. Biswas, learned counsel for the petitioner as well as Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. D. Swami, learned counsel appearing for the respondent.

2. By filing this application under Article 227 of the Constitution of India, the petitioner had challenged the impugned order dated 20.01.2017 passed by the learned Additional District Judge-II (FTC), Tinsukia in T.S. (Election) No. 33/2015. By the said order, petition No. 2292/2016 filed by the respondent herein (petitioner in the election petition case) was allowed by directing the Returning Officer/sub-Divisional Officer, Margharita to produce the Ballot Papers Accounts submitted by the Presiding Officer and the final result sheet to the court in a sealed packet to enable the petitioner to prepare and file her evidence in affidavit.

3. The petitioner herein was elected as a Ward Commissioner of ward No. 6 of Dibgoi Town Committee as a candidate of the Indian National Congress, defeating the respondent herein who was a candidate of Bhartiya Janta Party by a margin of one vote. The respondent who was the defeated candidate, filed a proceeding for challenging the election of the petitioner as a Ward Commissioner under the provisions of Section 16 of the Assam Municipal Act, 1956 read with Rule 101, 102, 103 and 104 of the Rules for the Election of Commissioners of Municipal Boards under the Assam Municipal Act, 1956. The said proceeding was numbered as T.S. (Election) No. 33/2015. The petitioner appeared in the said proceeding and contested the suit. The following prayers are made in the said election petition:

(a) To admit this petition and to issue notice to the respondents to show cause as to why the petition shall not be allowed.

(b) To direct the concerned authorities to produce all the papers including all the ballot papers of Ward No. 6 of Digboi Town Committee in sealed condition.

(c) To grant leave to the petitioner to adduce evidence in support of this case.

(d) To grant to amend the petition or to add further facts as and when required in the interest of justice.

(e) To cause verification of the ballot papers by the Ld. Court and to cause recounting of ballot papers after scrutiny of all the ballot papers and to declare the result of the election of Ward No. 6 of Digboi Town Committee afresh and to declare the earlier result as null and void and cancelled.

4. On an earlier occasion, the petitioner had approached this Court by filing W.P. (C) No. 6309/2016 when the learned court below had allowed one interlocutory application whereby the recounting of votes was directed. At that time, this Court by order dated 06.10.2016, had allowed the writ petition, by setting aside the order dated 17.09.2016, inter-alia, on noting that in the election petition itself there was a prayer for recounting and thus, interim prayer was same as that of the final prayer which could have been availed by the election petitioner only when she would have succeeded in the proceedings. In the context of what was stated in the said order, the order impugned therein was set aside, directing the learned court below to take up the matter expeditiously on day to day basis and shall dispose of the same after affording adequate opportunity of adducing evidence of both the sides.

5. Thereafter, by filing petition No. 2292/2016 on 01.11.2016, the respondent herein had prayed before the learned court below to pass necessary orders directing the Returning Officer/Sub-Divisional Officer, Margharita to produce the Ballot Papers Accounts submitted by the Presiding Officers and the Final Result Sheet to enable the petitioner to prepare and file her evidence in affidavit for the ends of justice. The petitioner herein had filed her written objection on 17.11.2016 and the learned Additional District Judge-II (FTC), Tinsukia upon hearing the counsel for both sides, vide an order dated 20.01.2017, allowed the prayer by directing the said documents to be produced in a sea