While rejecting the application, the learned Civil Judge (Junior Division), 2n
d Court, Cuttack has observed that issues have already been framed as prayed by the petitioner
and therefore without appreciation of evidence and final hearing of the case, it would not be
possible to come to the conclusion as to whether there is at all necessary to inspect related
document and to count the ballot papers and to declare winning documents and therefore reject
ed the application. The approach adopted by the learned Civil Judge (Junior Division), 2nd Cou
rt, Cuttack is wholly without jurisdiction, improper and illegal. This Court in the aforesaid
writ petition has categorically held that recounting or inspection of ballot papers can only b
e made after hearing of the case, i.e. final hearing of the case. In other words, after hearin
g arguments the Court can form the opinion on the existence of evidence, then only such object
ion can be allowed. Such a petition cannot be allowed in the midst of recounting. So, the orde
r dated 20.08.2014 passed by the learned Civil Judge (Junior Division), 2nd Court, Cuttack in
E.M.C. No.8/2012 is hereby quashed and it is directed that the learned Civil Judge shall recon
sider the petition at the time of final hearing of the case and pass appropriate order.
