BHUPENDRASINH MANUBHAI CHUDASMA Vs. ASHWINBHAI KAMSUBHAI RATHOD

JUDGEMENT

(1.) This application (Exh.136) is filed by the respondent No. 2 of the Election Petition No. 3 of 2018, to permit him to appear as a witness and give evidence before the Court.

(2.) The subject matter of the Election Petition is the General Election to the Gujarat Legislative Assembly held in December 2017, for the '58-Dholka Constituency'. The present applicant is the returned candidate and the contesting respondent of the said Election Petition.

(3.) Mr. Nanavati, learned senior advocate for the applicant has submitted that, while submitting the list of witnesses on behalf of the present applicant (respondent No. 2 in the Election Petition), his own name was not included as a witness, however after having read and perused the evidence of the Returning Officer at Exh. 99, the applicant wishes to appear and depose before the Court. It is submitted that, for that purpose the name of the applicant be permitted to be included in the list of witnesses Exh. 68 given on 16.01.2019. Learned senior advocate for the applicant has drawn the attention of this Court to the averments made in this application and has submitted that the applicant has now thought it necessary to enter the witness box and give his evidence. It is submitted that for that purpose the list of witnesses given on behalf of the present applicant Exh. 68 in the Election Petition, be permitted to be amended. It is further submitted that from amongst all the witnesses on behalf of the applicant, he wishes to appear before any other witness enters the witness box and he be permitted to do so.