GEETA AGRAWAL Vs. SMT.VINODINI VYAS

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dtd. 26/8/2023, passed in the Election Petition No. 2/2022 by the First District Judge, Dewas whereby, the respondent No.1/election petitioner's application filed under Order 11 rule 12 read with 18 of the CPC and under Order 12 rule 8 of the CPC has been rejected.

(2.) In brief, the facts of the case are that the petitioner had contested and won the election of Mayor of Dewas in the year 2022, which has been challenged by the respondent in an election petition filed in the Court at Dewas under Sec. 441 of the Municipal Corporation Act, 1956. In the aforesaid election petition, the respondent also filed an application under Order 11 rule 12 read with rule 18 and under Order 12 rule 8 of the CPC read with Sec. 11 (a) (c) of the M.P. Municipal Corporation Election Adhiniyam, 1963. wherein, it was stated that the petitioner /returned candidate Smt. Geeta Agrawal be directed to place on record her mark sheet of Class XI, and also her enrolment number and the application has been allowed by the Election Tribunal vide its order dtd. 25/8/2023, which has been challenged by the petitioner in this petition.

(3.) Shri Champalal Yadav, learned Senior counsel appearing for the petitioner has submitted that the impugned order is liable to be set aside as the learned Judge of the Election Tribunal erred in shifting the burden of proof on the petitioner. Whereas, it is a settled law that in the case of corrupt practice being alleged in the election petition, it has to be tried like of a criminal trial, and the burden of proof cannot be shifted to the returned candidate as it is for the election petitioner only to lead evidence in support of her/his petition.