UDAY PRATAP Vs. DIGAMBER SINGH

JUDGEMENT

(1.) The petitioner is the elected Pramukh of the Kshetra Panchayat. The sole respondent, being aggrieved by the election of the petitioner as Pramukh of the Kshetra Panchayat, filed an election petition. Amongst other documents, the petitioner had also filed various photographs along with the election petition which is alleged to depict the irregularities in the election. On 2nd July, 2013 the Election Tribunal framed issues and on 19th August, 2013 a list of witnesses was filed by the respondent. On 11th September, 2013, the respondent filed an application 51-C2 seeking permission to file a chip, which contained the negatives of the photographs already filed in the election petition. In this application the respondent contended that the chip had been misplaced and, therefore, could not be filed at the time of the presentation of the election petitioner but now it has been discovered and, therefore, the respondent was filing the same without any undue delay and seeking permission to bring it on record.

(2.) The petitioner filed objections stating that there has been an unreasonable delay in filing the chip and that no reasons has been indicated for condoning the delay. It was also submitted that the chip containing the negatives as well as the photographs already filed had nothing to do with the controversy involved in the petition and, therefore, the application of the respondent should be rejected.

(3.) The Tribunal, after considering the matter, allowed the application and accepted the explanation given by the respondent, being plausible. The Tribunal further held that the stage of accepting the chip as admissible evidence had not as yet been arrived at and that the admissibility of the evidence would be considered at the stage when evidence was being led. The Tribunal further found that the issues were framed on 2nd July, 2013 and the application was filed on 11th September, 2013 and, therefore, there was no undue delay on the part of the respondent in filing the said application. The elected Pramukh, being aggrieved by the order of the Tribunal, has filed the present writ petition.