SHRINIWAS TIWARI Vs. RAJKUMAR URMALIA

JUDGEMENT

(1.) THIS order shall govern disposal of I.A. No.27/ 10, which is an application, under Order XIII Rule 10 of the Code of Civil Procedure (hereinafter referred to as 'the Code') read with Rule 105 of the Madhya Pradesh Civil Court Rules, 1961, moved by the petitioner for production of postal ballot papers.

(2.) IN this petition, election of the returned candidate viz. the respondent no. 1 from M.P. Legislative Assembly Constituency Sirmour No.68, has been called in question on the grounds mentioned in sub-clauses (iii) and (iv) of Section 100(1)(d)of the Representation of People Act, 1951 (for brevity 'the Act'). The petitioner has sought the following reliefs -

(3.) LEARNED counsel for the petitioner, while placing reliance on decision of the Supreme Court in Lakshmi v. Chinnammal @ Rayyamal AIR 2009 SC 2352, has contended that Order XIII Rule 10 of the Code empowers the Court to call for record of any proceedings whether judicial or otherwise. Reference has also been made to the following observations made by the Supreme Court in Para 27 of the decision in T.A. Ahammed Kabeer v. A.A. Azeez AIR 2003 SC 2271 -