Inspection of election-related documents must be justified by adequate and precise allegations, ensuring integrity and purity of the electoral process.

JUDGMENT :

KARDAK ETE, J.

Heard Mr. R. Biswas, learned counsel and Mr. D. J. Kapil, learned counsel for the applicant/election petitioner. Also heard Mr. P. K. Tiwari, learned Senior Counsel assisted by Mr. E. Menjo, learned counsel for the opposite party/respondent.

2. This is an application under Rule 93 of the Conduct of Elections Rules, 1961 read with Rule 19.10 of the Handbook for Returning Officer, 2023, and Section 151 of the Code of Civil Procedure, 1908, praying for a direction to the District Election Officer(DEO)/Returning Officer(RO) of the 19th Nyapin (ST) Assembly Constituency and 14th Doimukh Assembly Constituency to allow the applicant/election petitioner to inspect documents and materials (election papers) relating to the election process conducted during the 11th Arunachal Pradesh Legislative Assembly Election, 2024 and to provide requisite copies thereof.

3. The applicant/election petitioner has challenged the election of the opposite party to the 19th Nyapin (ST) Assembly Constituency during the 11th Arunachal Pradesh Legislative Assembly Election, 2024, inter alia on the ground of reception of void votes, booth capturing and concealment and false information in Form-26, thereby, materially affecting the result of the election so far as it concerns the Return Candidate i.e. opposite party/respondent.

4. The applicant has filed Interlocutory Application (C) No. 129 of 2024 and prayed for the following documents, which may be produced by the DEO/RO of the 19th Nyapin (ST) Assembly Constituency and 14th Doimukh Assembly Constituency for inspection by this Court:

“A. Form 17A maintained under Rule 49L of the CONDUCT OF ELECTION RULES , 1961 at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa polling stations;

B. Form 17B maintained under Rule 49P of the CONDUCT OF ELECTION RULES , 1961at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa polling stations;

C. Form 17C maintained under Rule 49S of the CONDUCT OF ELECTION RULES , 1961 at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa polling stations;

D. Entire videography and CCTV footage starting from First Level checking of EVM till the time of storage of the EVM in the strong rooms where EVM were kept, maintained as per Rule 19.10.1 and 19.10.3 of the Returning Officer's Handbook, 2023 at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa polling stations;

E. Presiding Officer's diaries as required to be maintained under Clause 13.45 of the Handbook of Returning Officer, 2023 at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa polling stations;

F. Returning Officer's Diary as required to be maintained under Clause 10.1.5 of the Handbook of Returning Officer, 2023 at 19Nyapin (ST) Assembly Constituency;

G. The marked copy of the Elector Roll at 30-Peel, 29-Kambang, 16- Pagba and 20-Rowa Polling Stations maintained as per Clause 11.18.1 of the Handbook of Returning Officer, 2023;

H. Video of the Videography done as per Clause 11.21.3, 11.21.6 of the Handbook of Returning Officer, 2023 of the receipt, storage etc. of the postal ballot papers at 19th Nyapin (ST) Assembly Constituency;

I. Video of the Videography done of the Strong Room at 19th Nyapin (ST) Assembly Constituency;

J. Video of the Videography done of the at 30-Peel, 29-Kambang, 16-Pagba and 20-Rowa Polling Stations;

K. Format-3 recording of postal votes received, maintained by the Returning Officer at 19th Nyapin (ST) Assembly Constituency as per Clause 11.21 of the Handbook of Returning Officer, 2023;

L. Form 20 maintained at 19th Nyapin (ST) Assembly Constituency under Rule 54A of the CONDUCT OF ELECTION RULES , 1961;

M. All applications under Form 12, Form 12-A and Form 12-C received in respect of electors of 19th Nyapin (ST) Assembly Constituency;

N. Office copies of all certificates issued in Form 12-B in respect of electors of 19th Nyapin (ST) Assembly Constituency;

O. All declarations given by the electors in Form 13-A in respect of 19th Nyapin (ST) Assembly Constituency;

P. Marked Copy of Electoral Roll in respect of 19th Nyapin (ST) Assembly C