BALARAM RATHORE Vs. SUB DIVISIONAL OFFICER REV

JUDGEMENT

(1.) HEARD on admission.

(2.) THE petitioner is elected Sarpanch of Gram Panchayat Kodiya, Block-Masturi, Tehsil-Masturi, District Bilaspur (C.G.). His election was called in question by filing an election petition u/S. 122 of the Chhattisgarh Panchayat Raj Adhiniyam, by respondent No. 2. Respondent No. 1 (the Election Tribunal) after taking defence of the parties framed issues on 10-1-2011 and thereafter called upon the parties to lead their evidence. Respondent No. 2 thereafter filed an affidavit of Respondent No. 5 as evidence under Order 18, Rule 4 of C.P.C. THE copy of the affidavit of respondent No. 5, filed as evidence by respondent No. 2, was supplied to the petitioner for the purposes of cross-examination on 24-1-2011. On the said date, the petitioner prayed for time to cross-examine Respondent No. 5 who appeared as a witness for respondent No. 2 (Election Petitioner). THEreafter, the petitioner filed an application u/S. 151, C.P.C. taking ground that respondent No. 5 was also respondent No. 4 in Election Petition, therefore, his evidence cannot be adduced on behalf of the election petitioner. THE said application filed raising aforesaid objection has been dismissed by the Tribunal. Hence, this writ petition has been filed.

(3.) CONSIDERING the facts and circumstances of the case, in light of the decision referred above, I do not find any substance in this writ petition.