SURUBALI DEEP Vs. JAMUNA NAIK

JUDGEMENT

(1.) CHALLENGE has been made to the order dated 12.09.2012 passed under Annexure-6 by the Civil Judge (Senior Division), Bolangir (hereinafter referred to as 'Election Tribunal') in ELP No.21 of 2012 in which the Election Tribunal has allowed the petition dated 06.09.2012 filed by the Election Petitioner with a prayer to direct the Headmaster of Government High School, Bahaler and Headmaster of Panchayat High School, Bandhapada to produce the admission register of Prasanna Deep, Panchanana Deep and Brajaswari Deep.

(2.) MR . Mishra, learned counsel for the petitioner files further affidavit in Court inter alia stating therein that opp. party no.1 has filed petition dated 24.8.2012 on 6.9.2012 in I.A. (Elec. Misc.) Case No.21 of 2012 in the Court of Civil Judge (Sr. Division), Bolangir. The learned Court below has decided Annexure-3 taking into consideration of filing of petition on 6.9.2012. The opp. party no.1 has not filed any petition other than the Annexure-3 with the prayer to direct the Headmaster to produce the Admission Register of the persons concerned. Mr. Sahoo, learned counsel for opp. party no.1 files a Memo enclosing the certified copy of the petition dated 24.8.2012 filed before the learned Civil Judge (Sr. Division), Bolangir on 6.9.2012. In view of the above, the petition dated 24.8.2012 filed by the election petitioner is the same petition which the Election Tribunal describes as petition dated 6.9.2012 in its order, as the petition dated 24.8.2012 was filed before it on 6.9.2012.

(3.) MR . Himansu Sekhar Mishra, learned counsel for the petitioner submitted that the Court can only consider a petition under a particular law and whether within the scope and ambit of said provisions of law any order can be passed. The election-petitioner in the petition under Annexure-3 having not mentioned the provisions of law under which application has been filed the said petition is not maintainable. Opposite party No.1, the election-petitioner deposed in her evidence while examined herself as PW-1 that the alleged certificates relate to the date of birth of her children. The Election Tribunal in a most illegal manner without applying judicial mind mechanically allowed the petition filed by the election- petitioner under Annexure-3 and directed the Headmaster of Government High School, Bhaler and Headmaster of Panchayat High School, Bandhapara to produce admission register. Opposite Party No.1 having not disclosed the year of admission register required to be produced by mentioning the names of the students the Election Tribunal should not have directed to produce certain register connecting some exhibits which is not mentioned by the election petitioner in its application. Learned Tribunal should have considered that Order 16, Rule 6, CPC provides for issuance of summons to any person to produce document. Therefore, the learned Tribunal should not have examined any person under Order 16 Rule 7 without issuing summons. Concluding his argument Mr.Mishra, prayed to quash Annexure-6 by issuing an appropriate writ/order.