SUNEHARA ANSHARI Vs. IFTAKAR ANSARI

JUDGEMENT

(1.) This Miscellaneous Petition under Article 227 of the Constitution of India has been preferred challenging the order dtd. 19/10/2023 by 22nd District Judge, Indore in EP No.4 of 2022 whereby the determination of petitioner's objection regarding admissibility of certificate purported to be issued by one Mohd. Ahmad under Sec. 65-B of Indian Evidence Act, 1872 marked as Exhibit P/24 has been postponed till the final disposal of case.

(2.) Brief facts of the case are that petitioner was elected as Counsellor of Ward No.60 of Indore Municipal Corporation in public election conducted on 6/7/2022. An election petition challenging the election of petitioner was filed which is pending before the 22nd District Judge, Indore as EP No.4 of 2022.

(3.) During the course of evidence of respondent No.1(PW-1), proposed certificate issued by one Mohd. Ahmad under Sec. 65-B of Indian Evidence Act was objected by the petitioner stating that the proposed certificate is not original document but photocopy, so it cannot be admitted as a valid evidence.