RABINARAYAN NANDA Vs. TARAPRASAD BAHINIPATI AND OTHERS

JUDGEMENT

(1.) This is an application filed by the respondent No.1 requesting for acceptance of the affidavit bearing No.1912 dated 21.03.2014 and for marking the same as an exhibit.

(2.) During chief examination respondent No.1 wanted to introduce the affidavit bearing No.1912 dated 21.03.2014 as a matter of evidence in his support, which was being seriously objected by the Election petitioner.

(3.) In filing the above application the respondent No.1 contended that pursuant to the notice in the election dispute, the respondent No.1 has already filed a written statement taking therein the help of the affidavit bearing No.1912 dated 21.03.2014 and taking resort to his averments made in paragraph No 34 of the written statement, justify his such claim. As per the respondent No.1, during course of examination of P.W.-1, the affidavit bearing No.1912 dated 21.03.2014 is already filed as a document and during confrontation of the said document for the objection of the Election Petitioner for confrontation the document could not be marked. During course of examination, learned Senior Advocate appearing for the respondent No.1 apart from taking the above plea resorting to the provision contained in Sub-section-6 of Section-86 of the Representation of the People Act, 1951 submitted that the aforesaid statutory provision clearly mandates that the trial of an election petition, so far as practicable consistently with the interest of justice in respect of the trial, be continued from day to day until its conclusion and in view of the provision contained in Section 87, the procedures have been prescribed for the trial of the election cases in the High Courts.