H S NANDISH Vs. Y S MAHESH

JUDGEMENT

(1.) Petitioner is aggrieved by the interlocutory order dated 3.6.2016 passed by the Election Tribunal, II Addl. Civil Judge & JMFC, Arsikere in a pending Election Petition 2/2015 (Y S Mahesh Vs Election Officer & H S Nandish). The 2nd respondent was elected as President of Haranahalli Gram Panchayat.

(2.) By the impugned order, learned Tribunal has rejected the application of the petitioner filed under O 26 R 9, CPC seeking a particular ballot paper in the election of Adhyaksh of the said Gram Pachayath to be sent for examination by an Expert in the Forensic Lab so that the veracity of the said ballot could be opined upon by the Expert and thereafter, on the basis of such evidence, the election petition could proceed for final hearing.

(3.) The reasons assigned by the learned Tribunal in the impugned order as contained in the impugned order are quoted below for ready reference: