ASSOCIATION OF SURGEONS OF INDIA Vs. KULDEEP SINGH

JUDGEMENT

(1.) This petition has been filed against that portion of the order dated 5.3.2010 whereby the petitioners have been asked to produce the entire election record viz nomination papers, ballot papers, record pertaining to counting of ballot papers, identification slips of electorates including the number of ballot papers printed and number of ballot papers issued and received by the defendants along with register maintained by defendants relating to dispatch/posting of ballot papers to its members, register envelops and also the receipt register pertaining to receipt of ballot papers issued by the defendants, before the Court on the next date of hearing.

(2.) Respondent No. 1 had filed a civil suit challenging the election to the post of President of the petitioner-association. One of the grounds taken was that the election had been rigged in so much as the postal ballots were either not sent or those postal ballots were used to exercise the voting rights of the members.

(3.) The trial Court noticed that it would be necessary for respondent No. 1 to have access to the said record to be able to lead evidence of mal-practices and consequently directed the petitioners to produce the record on the next date of hearing.