JUDGMENT

[1] This application has been filed by the Applicant who is the Election Petitioner of the Election Petition No. 5 of 2017 to call for the documents viz., Serial Nos. 15 to 20 of Schedule II (annexed with M.C. (EP) No. 16 of 2018), from the respective authorities and on receipt of the same, allow the Petitioner to inspect the documents and take certified copies thereof.

[2] After hearing both parties, this Court had already disposed of on 15/01/2021 and thereafter, being aggrieved by the Order dated 15/01/2021 of this Court, the Respondent No. 1 preferred a Civil Appeal No. 804 of 2021 arising out of SLP (C) No. 2743 of 2021 and the Hon’ble Apex Court was pleased to remand back the present matter for consideration afresh with following observation on 03/03/2021:

“If the grievance of the election petitioner is limited to procedural irregularities, production of ballot papers may not be necessary. Hence, the High Court ought to have clarified, albeit briefly, as to how the stated documents are relevant and in what context.

Be that as it may, taking overall view of the matter