JUDGEMENT

K.R. Mohapatra, J.-

1. This matter is taken up through hybrid mode.

2. The Petitioner files this writ petition with a prayer to direct the Opposite Parties to provide copies of Form 17 A, Form 17 C (Part I and II) and Form 20 (Part I and II) of the General Election, 2024 in respect of 8-Jajpur Parliamentary Constituency forthwith.

3. Mr. Kanungo, learned Senior Advocate submits that the Petitioner was a contestant in the General Election-2024 of 8-

Parliamentary Constituency. She was unsuccessful in the election.

In order to file an election dispute under Section 80 of The Representation of People Act, 1951 (for brevity ‘the RP Act’), the Page 2 of 7 Petitioner through her election agent, made an application to the Returning Officer as well as the Collector-cum-District Election Officer, 8-Jajpur Parliamentary Constituency under Annexure-1 and 2 respectively to provide copies of Form 17 C (Part I and II) and Form (20 Part I and II) in respect of the said Parliamentary Constituency. The Additional District Election Officer-cum-

Additional District Magistrate in his Letter No.4857 dated 10th June, 2024 (Annexure-3), intimated the election agent of the Petitioner that Form 20 of AC/AS can be supplied on deposit of Xerox cost @ Rs.2/- per page. But, he refused to supply Form 17 C Part I and II stating that the same cannot be supplied as the same has been stored and sealed in strong room as part of the statutory documents. The strong room can only be opened by the order of the Competent Court. It was, however , intimated that Polling Station wise counting details of votes polled has been entered in ENCORE portal, which is authenticated by the concerned Returning Officer/Assistant Returning Officer. Being aggrieved with the same, this writ petition has been filed.

4. Mr. Kanungo, learned Senior Advocate further submits that the Petitioner does not press for supply of copy of Form 17 A as the same cannot be supplied to the Petitioner without leave of the Competent Court as provided under Order 93 (1) of the Conduct Of Election Rules, 1961 (for brevity ‘the Rule 1961’). But, the rest of the documents are public documents and it should be supplied to the Petitioner on payment of such fee, as the Election Commission may direct. The Petitioner has the statutory right to get the copies of Form 17 C and 20 under Rule 93 (2) of the Rules. Non-supply of those documents has handicapped the Petitioner in filing the election dispute within the statutory period.

Page 3 of 7 Unless the Petitioner verifies the aforesaid documents, she will not be in a position to give the details of the corrupt practice, which is proposed to be alleged in the election petition. Non-supply of these documents is in violation of the statutory rules, which infringes the legal right of the Petitioner to file the election dispute in time.

5. He further submits that only the final result sheet has been supplied, but not the Form 20 (Part I and II) as requested.

Although the Letter under Annexure-3 was allegedly communicated to the Petitioner on 10th June, 2024, but it was received by the Petitioner on 19th June, 2024. He, therefore, prays for a direction to the Additional DEO-cum-Additional District Magistrate to supply the copy of the Form 17 C (Part I and II) as well as Form 20 (Part-I and II) on payment of requisite fees.

6. Mr. Patjoshi, learned Senior Advocate appearing for the Election Commission of India submits that the writ petition has been filed with an allegation that non-supply of the Form 17 C (Part I and II) and Form 20 (Part I and II) has incapacitated the Petitioner from filing an election dispute. He draws attention to Sections 80 and 83 of the RP Act and submits that the documents are not necessary to be enclosed with an election petition. Thus, there is no impediment for the Petitioner to file the election petition without the said