KAVITHA MAHESH Vs. CHIEF ELECTION COMMISSIONER, ELECTION COMMISSIONERS, ELECTION COMMISSION OF INDIA AND OTHERS

JUDGEMENT

(1.) MISC . CVL. 3231/2011 filed under Order VII, Rule 14(3) of Code of Civil Procedure r/w Section 151 of Code of Civil Procedure r/w Sections 87 and 93 of R.P. Act, 1951, is for the purpose of enabling the Petitioner to produce as many as seven documents which are appended to the application and affidavit and which are forming part of the application and affidavit running from page Nos. 8 to 20.

(2.) IN the affidavit of the Petitioner it is mentioned that having regard to the prayer made in the Election Petition and as the Petitioner had to prove her case, who had sought for the commensurate documents/information from the Returning Officer, 151, K.R. Pura Assembly Constituency, being not successful in her effort was compelled to approach the authorities under the Right to Information Act, 2005; that it has some bearing about the manner in which the Petitioner has secured the copies of 14 C Ds which have already been produced before this Court and that the present documents sought to be produced are very material and relevant for the adjudication of the Election Petition, particularly, having great relevance to the C Ds which the Petitioner has produced.

(3.) IT is also pointed out by Mr. Shashikanth that in this regard Petitioner had come up with two applications earlier one in Misc. Cvl. 14250/2010 for issue of certain directions to the District Collectors Officer, BBMP, Bangalore, for production of documents mentioned therein, but that application was dismissed as not pressed and Petitioner had filed yet another application seeking for permission of the production of 14 C Ds. and even the said application was ordered in terms of the memo filed by the Petitioner confining the production of C Ds to 4 in number instead of original 14 C Ds. and in that background, the present application is not tenable, particularly, having regard to the orders passed on the earlier two applications.