ANTAR SINGH DARBAR Vs. SHRI KAILASH VIJAYVARGIYA

JUDGEMENT

(1.) This order shall govern disposal of I.A. No.9282/2015 and the objection raised by the counsel for the respondent against issuance of notice under Section 99 of Representation of the People Act, 1951 (hereinafter referred to as "R.P. Act, 1951" in short) to Shri Shivraj Singh Chouhan.

(2.) I.A. No.9282/2015 has been filed under Section 151 of Civil Procedure Code read with section 35 of Indian Evidence Act.

(3.) According to the petitioner, this court vide order dated 11.09.2015 allowed the application (I.A. No.6303/2015) filed by the petitioner under Order 7 Rule 14(3) read with Section 151 C.P.C. whereby the documents annexed with the application were allowed to be taken on record. Thereafter, on 23.11.2015, the court allowed another application (I.A. No.7510/2015) filed under Order 7 Rule 14 read with Section 151 C.P.C. whereby the additional documents annexed with the application were permitted to be taken on record. Copies of the documents which were taken on record were given to the petitioner under the provisions of Right to Information Act, 2005, and thus, such documents being certified copies of their respective original documents need not be compared with the original documents and also examination of their authors is not necessary. The aforesaid documents are permissible under Section 35 of Indian Evidence Act. Accordingly, it is prayed that the documents produced by the petitioner may be allowed to be marked as exhibits in this election petition treating the same as admissible in the evidence. The application is supported by an affidavit.