P. MOHAN Vs. M.K. AZHAGIRI

JUDGEMENT

(1.) This Application has been filed by the applicant, who is the election petitioner, praying to recall and reopen the evidence of C.W.1 and to mark the documents listed in the Schedule to the Judge's Summons.

(2.) According to the applicant, he explained the alleged malpractices committed by the first respondent during the 2009 Parliamentary election in the amended Election Petition and in the affidavit filed along with the petition. The first respondent also filed his amended written statement and counter statement in the matter and, thereafter, the trial has commenced.

(3.) On behalf of the applicant, nine witnesses have been examined including him as P.Ws.1 to 9 and he has also marked Exs.P-1 to P-29. When the matter stood thus, he took an application in O.A.No.48 of 2013 in the Election Petition to issue sub-poena to the then District Election Officer/District Collector of Madurai Parliamentary Constituency, in short, "the Returning Officer", to produce certain documents and to authorise an official to adduce oral evidence. This Court, by an order dated 13.03.2013, directed the issue of sub-poena to the Returning Officer and posted the matter for his examination on 27.03.2013. Thereafter, the Returning Officer was examined orally and through him seven documents were marked as C.Ws.1 to 7. This Court directed the Returning Officer to submit the entire records relating to the complaints received and action taken on the various alleged malpractices and code violations by the first respondent during the 2009 Parliamentary election at Madurai. On 15.04.2013, the Returning Officer produced the entire documents contained in 3 bound volumes before the Court.