VILAS Vs. BEERAPPA

JUDGEMENT

(1.) The present petitioner has filed this petition challenging the rejection of his interlocutory application filed under Order 11 Rule 14 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter for brevity referred to as 'CPC') filed by him in the Court of Senior Civil Judge and JMFC at Indi in Election Petition No.2/2021.

(2.) Admittedly, the present petitioner is a defeated candidate in the election, who intended to place certain documents before the Court including the alleged ballot papers, details of the voters, franchised voters list etc. His contention is that an application seeking the copies of those documents was made before the appropriate authority, however, they did not accede to his request, which constrained him to file the application under Order 11 Rule 14 read with Sec. 151 of CPC before the Trial Court. The said application was opposed by the respondent therein by filing statement of objections. After hearing both side, the Trial Court by its impugned order dtd. 25/2/2022 rejected the said application as devoid of merit. Aggrieved by the same, the petitioner in the Trial Court, who was applicant in the said interlocutory application, is before this Court as a petitioner.

(3.) The learned High Court Government Pleader, who is physically present takes notice for respondent Nos.10 and 11.