ANTAR SINGH DARBAR Vs. KAILASH VIJAYVARGIYA

JUDGEMENT

(1.) This order shall govern disposal of I.A. Nos.4900/2015, 4901/2015, 5954/2015 and 6303/2015.

(2.) I.A. No.4900/2015 - This application is filed by the petitioner under order 7 Rule 14 (3) read with section 151 C.P.C. for taking additional documents on record. This Election Petition is filed challenging the election of respondent No.1, who was a returned candidate in election held in the year -2013 for M.P. State Legislative Assembly from Mhow Constituency. There are seven documents sought to be taken on record. Document No.1 is permission of Returning Officer taken by the respondent No.1 for holding various functions during the period when model code of conduct was enforced. Document No.2 is letter dated 25.11.2013 written by Nodal Officer, Mhow calling permission to initiate proceeding against Kamal Patel under M.P. Excise Act. Document No.3 is correspondence amongst Returning Officer, Mhow, District Returning Officer, Chief Election Officer (M.P.), Assistant Excise Commissioner, Indore and Election Observer, Mhow concerning the liquor incident. Document No.4 is letter dated 15.10.2013 sent by the District Returning Officer to Chief Election Officer about the inquiry report concerning complaints against respondent No.1. Document No.5 is Compact Disc containing video recording of respondent No.1 delivering speech on the occasion of Dashhera, Rajput Samaj Program, making declaration about construction of Udhyog Bhawan and Chunri Yatra function. Document No.6 is a compact disc containing video recording of respondent No.1 distributing money during Chunri Yatra. Document No.7 is article, published in Patrika newspaper dated 02.01.2014, concerning Kamal Patel's involvement in various illegal activities in the capacity of representative of respondent No.1.

(3.) According to the petitioner, these documents were received by the petitioner under Right to Information Act. According to him, no prejudice shall be caused to the respondent, as pleadings are also there in the petition in respect of incidents regarding which, these documents are filed. According to the petitioner, though in this case, trial has begun, still the petitioner's evidence is not yet closed, and therefore, the document may be taken on record.