RAM ASHOK SHARMA AND ANOTHER Vs. RAMLALLU BAIS

JUDGEMENT

(1.) I.A.No.14705/2015 is an application under Order VII Rule 14 of the Code of Civil Procedure filed on behalf of election petitioners for leave to receive in evidence copies of Collector's Guidelines for District Singrauli, for the year from 2002; whereas I.A.No.14706/2015 under sections 74, 75 & 78 of the Evidence Act has also been filed by the petitioners for admitting aforesaid guidelines in evidence and marking them as exhibits on the ground that they are certified copies of public documents.

(2.) It has been submitted on behalf of the election petitioners that they had filed certified copies of Collector's Guidelines for assessing the market value of immovable for the years from 2012-2013 to 2014-2015. The guidelines for remaining financial years from the year 2002 were not in possession of the petitioners and in spite of best efforts they could not produce the same at the time of filing of the election petition. Shri S.P. Shukla, District Registrar of District Singrauli, who was summoned by the Court, had submitted these guidelines before the Court; therefore, it has been prayed that the election petitioners be permitted to file aforesaid guidelines.

(3.) Respondent Ramlallu Bais, the elected candidate, has opposed I.A.No.14705/2015 on the ground that the petitioners did not plead about the guidelines for the years 2002 to 2012. The petitioners could very easily have obtained certified copies of the guidelines for those under the Right to Information Act. However, no explanation had been advanced for failure of the election petitioners to obtain those guidelines within time. In aforesaid circumstances, the guidelines cannot be allowed to be taken on record at this belated stage where the election petitioners' evidence is almost over. The election petitioners did not even file those guidelines along with I.A.No.14705/2015; therefore, it has been prayed that I.A.No. 14705/2015 be dismissed.