GIRJA Vs. SARLA DEVI

JUDGEMENT

(1.) Heard Sri Swapnil Kumar learned counsel for the petitioner and Sri Arvind Kumar Singh learned counsel for the respondent no. 1. Notice need not be issued to the other respondents.

(2.) The petitioner Smt. Girja is the elected candidate as Chairman, Nagar Panchayat Raja Ka Rampur, Tehsil Aliganj, District Etah and the respondent no. 1 Smt. Sarla Devi is the election petitioner who has filed Election Petition no. 1 of 2012 (Sarla Devi Vs Girja and others) challenging the election of the petitioner. In the said election petition the election petitioner/respondent no. 1 filed an application under Order VI Rule 16 CPC with a prayer that the averments made in the written statement filed by the petitioner in response to the election petition were required to be expunged being recriminatory in nature. In the said application filed by the election petitioner it was alleged that paragraphs 26, 27, 28 and 32 were recriminatory in nature and hence were required to be expunged. The said application has been decided by the impugned order dated 05.08.2013 by the Election Tribunal whereby it has allowed this application (32-C) and directed that the paragraphs 26, 27, 28 and 32 of the written statement being recriminatory in nature cannot be admitted on record.

(3.) According to Sri Swapnil Kumar learned counsel for the petitioner the impugned order is illegal for the reason that even if the averments are recriminatory in nature as made in the written statement the petitioner could have been prevented from leading any evidence thereupon in light of Section 21 of the Municipalities Act but such paragraphs alleged to be recriminatory in nature could not be expunged from the written statement.