Judgment

FAZL ALI, J. :- By virtue of an order dated December 20, 1974 Banerji, J., of the Allahabad High Court who was designated as the Election Judge passed an order granting the application of the respondent No. 1 for a sample inspection of the ballet papers. The order directed that a sample inspection of 20 bundles of 50 ballot papers each of the votes counted in favour of the appellant may be taken out and examined along with the 5 bundles of the rejected ballot papers. It is against this order that the appellant has filed the present appeal by special leave and has assailed the order of the learned single Judge on the ground that the learned Judge has exercised his discretion illegally and improperly in allowing the sample inspection of the ballot papers without there being sufficient proof of the allegations made by the respondent in his petition for setting aside the election of the appellant.

2. The facts giving rise to the present appeal may be briefly summarised as follows :

3. The appellant was elected to the U.P. Legislative Assembly from 218, Mubarakpur Constituency in the District of Azamgarh,U. P.The last date of nomination for election to the said assembly was Janua