Judgment :-

D.K. Jain, J.

Challenge in this appeal by special leave is to an interlocutory order dated 20th July, 2007 passed by the High Court of Punjab and Haryana at Chandigarh in CM No. 2E of 2007 in Election Petition No. 1 of 2005. By the impugned order, the High Court has allowed the application preferred by respondent No.1 (hereinafter referred to as "the election petitioner") seeking a direction for opening of sealed marked electoral rolls in order to put the same to a witness summoned by him.

2. Election to Gharaunda Assembly Constituency was held on 3rd February, 2005 and the appellant herein was declared as elected by a margin of 21 votes over the election petitioner, who got the second highest number of votes. While the appellant secured 25,237 votes, the election petitioner got 25,216 votes. The other eligible contestants, who are all party respondents in this appeal, got insignificant number of votes.

3. The election of the appellant was challenged by the election petitioner, mainly on the ground that the appellant was the beneficiary of a large number of void votes cast in her favour by impersonation. In nutshell, the allegation was that: (i) 96 voters had cast their votes twice during the process of polling; (ii) 29 votes had been cast in favour of the appellant by way of impersonation, on behalf of the persons who were not available in the constituency on the date of polling; (iii) 53 votes had been cast in favour of the appellant by way of impersonation on behalf of the persons who had died prior to the date of polling; and (iv) 10 votes had been cast in favour of the appellant by way of impersonation on behalf of two persons who were serving sentences in jail and on behalf of eight persons who were abroad on the date of polling. The election petition, obviously, was contested by the appellant. Upon consideration of pleadings, six issues were framed. The first three issues viz., (i) whether the election petition does not disclose a cause of action, if so, its effect?; (ii) whether the election petition lacks in material facts and is liable to be dismissed on this ground?; and (iii) whether allegations made in para No.4 raise a triable issue?, were ordered to be treated as "preliminary" issues. Vide order dated 3rd July, 2006, all the said issues were decided in favour of the election petitioner and against the appellant.

4. In the course of recording of evidence of one of the cited witnesses (PW21), counsel for the election petitioner desired the witness to make a statement after opening the marked electoral rolls, which were available in the court but in sealed covers. This was objected to by counsel for the appellant on the ground that till a specific order was passed by the court in that behalf, the marked electoral rolls could not be opened, which resulted in filing of a miscellaneous application, on which the impugned order has been passed.

5. Briefly taking note of the evidence already led by the election petitioner, the High Court has observed in the impugned order that in the election petition, the election petitioner has expressed the basis of his claim to the minutest details in terms of the provisions of the Representation of Peoples Act, 1951 (for short "the Act") as well as the Conduct of Election Rules, 1961 (for short "the Rules"); the pleadings are supported by an affidavit in consonance with Rule 94-A of the Rules; the evidence recorded on behalf of the election petitioner so far is in consonance with the pleadings and therefore, it is not a case where the election petitioner is intending to have a roving enquiry so as to fish out material for raising a challenge to the election of the appellant. The Court felt that the ultimate truth in respect of clear allegations levelled by the election petitioner can only be arrived at on the basis of the marked electoral rolls. Finally, recording its satisfaction that it is a fit case where the prayer made by the election petitioner for leading evidence