: 1 : wp.5598.2009.sxw cvss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5598 OF 2009 Sanjay Channvirappa Hemgaddi ... Petitioner V/s. Sangepag Babu Rangappa & Ors. ... Respondents Mr.Nitin Mulye for the Petitioner Mr.Ramdas . Sabban for the Respondent No.1 Mr.R.S. Alange i/b V.B. Naik for Resp. No.9 CORAM: S.C.DHARMADHIKARI, J. DATE: JULY 7, 2011. P.C.: 1. This petition under Articles 226 and 227 of the Constitution of India challenges the order passed by the learned Civil Judge, Senior Division below exhibit 69 in Election Petition No.5 of 2007. By the order which has been passed on 25.3.2009, the learned Judge allowed the application and appointed a Court Commissioner to verify the names of the voters given in the schedule annexed with the petition and that too with the marked voters’ list which has been produced in the Court and present with the Nazir. 2. It is agreed between the parties that in an Election Petition which challenges the election of the petitioner, Respondent No.1 will have to prove the allegations made by him. The Court at an interlocutory stage cannot pass an order enabling the petitioner to have a scrutiny and verification of the votes, : 2 : wp.5598.2009.sxw that means that the voting which is by secret ballot loses its sanctity and legal efficacy. The votes are then open and the wish and will of the voter becomes known. Even his identity is disclosed. All this has to be avoided and particularly at the interlocutory stage. 3. In such circumstances, both the orders which are passed on 25.3.2009 and 28.4.2009 are set aside. The application below exhibit 69 will now be heard with the main petition. The learned Judge to whom the main petition is assigned shall endeavour to dispose off the same as expeditiously as possible and within a period of three months from the date of the receipt of a copy of this order. All contentions of both sides on merits are kept open. Writ Petition is disposed off accordingly. No costs. (S.C.DHARMADHIKARI, J.)