KAMAL PATEL Vs. RAM KISHORE DOGNE

JUDGEMENT

(1.) This order shall govern the disposal of I.A. No. 14040/2015 filed on behalf of election petitioner under Order 16, Rule 1 of the Code of Civil Procedure and I.A. No. 14043/2015 also filed on behalf of the election petitioner under Order 7, Rule 14 (3) of the Code of Civil Procedure.

(2.) This application under Order 16, Rule 1 of the Code of Civil Procedure, has been filed on behalf of election petitioner Kamal Patel on 26-10-2015 for summoning the record from the office of Returning Officer of 135, Harda assembly constituency.

(3.) It has been submitted hereby that in paragraph no. 16 of the election petition, the petitioner had pleaded that the Election Commission of India had video-graphed the public meetings of all candidates of major political parties, including the public meetings held by respondent No.1 Ram Kishore Dogne. The petitioner had obtained copies of such video-recordings in the form of Compact Discs. The petitioner filed an application before the District Election Officer on 25-12-2013 (copy of the application, Document No. 1 annexed to I.A. No. 14040/2015). Pursuant to aforesaid application, the Returning Officer instructed the petitioner to deposit requisite amount vide his letter dated 26-12-2013 (document no. 2). Accordingly, the petitioner deposited the requisite amount on 31-12-2013 vide document no. 3. Thereafter, the Compact Discs were duly supplied to him which were filed along with election petition as annexure numbers from P/19 to P/25. The original Compact Discs officially prepared by the Election Commission are in the possession of the Returning Officer. Therefore, it has been prayed that the Returning Officer of 135, Harda Assembly Constituency be summoned with originals Compact Discs in the Court.