SHIVAPPA FAKKIRAPPA BADAVANNAVAR Vs. MANJUNATH AND ORS.

JUDGEMENT

(1.) These two writ petitions are directed against the Order on I.As.II and III in Election Petition No. 1/13 dated 07/01/2014 on the file of the II Additional District and Sessions Judge Dharwad.

(2.) First respondent filed Election Petition No. 1/13 on the file of the II Additional District and Sessions Judge, Dharwad, challenging the election of the petitioners herein for the seat of councilors/ corporators of the Corporation of Hubli-Dharwad Municipal Council, Ward No. 21 reserved for backward class "A" category. In the instant case, the petitioners filed application I.A.II under Order XVIII Rules 4 and 5 of the Code of Civil Procedure for adducing oral evidence of the parties and not to accept the evidence by way of affidavit and another application I.A.III under Order VI Rule 16 of the CPC to struck off paragraphs 7, 8 and 10 of the Election Petition. During the pendency of this case, the second respondent was transposed as petitioner No. 2. The application was opposed by respondent No. 1. The Court below dismissed both the applications.

(3.) The contention of the Learned Counsel for the petitioner is that the election petition is having a flavour of quasi criminal proceedings with the nature of the allegations made. Therefore, only oral evidence has to be recorded and evidence by way of affidavit should not be permitted. Secondly, it is contended that the first respondent has suppressed true facts and has mislead the Tashildar, Dharwad and has obtained a false, illegal, invalid and fabricated caste certificate. Learned Counsel further submits that the first respondent has not pleaded the material facts and particulars. In the absence of any particulars, paragraphs 7, 8 and 10 have to be struck off.