JAGJIWAN PAUL Vs. BIPIN SINGH PARMAR

JUDGEMENT

(1.) This order will dispose of two applications (EMPs No. 11 and 12 of 1999). EMP No. 11 of 1999 has been filed by Respondent No. 1, who is the returned candidate in the main Election Petition, under Order 16, Rules 2 and 4 read with Section 151, Code of Civil Procedure for directing the Petitioner to file a proper application and list of witnesses. EMP No. 12 of 1999 has been filed by the Petitioner in the main Election Petition, under Section 151, Code of Civil Procedure with the prayer that copies of birth and death registers of the persons mentioned in the list annexed with the application may be allowed to be produced and taken on the record.

(2.) No reply has been filed by the Petitioner in the main Election Petition to the application of the returned candidate (Respondent No. 1) vide EMP No. 11 of 1999, who has, however, filed a reply to EMP No. 12 of 1999, which as stated earlier, has been filed by the Petitioner in the main case.

(3.) It is stated in the application under Order 16, Code of Civil Procedure that the list of witnesses filed by the Petitioner does not conform with Order 16, Rules 2 and 4 of the Code of Civil Procedure as no purpose is mentioned for summoning of the witnesses. In para 4 of the application, examples in support of this objection has been given in detail. On these pleadings, a prayer has been made to this Court that list of witnesses may be put to the test of scrutiny and thereafter unnecessary witnesses named therein be deleted, and lastly the Petitioner may be directed to file a proper list of witnesses in accordance with law. The application is duly supported by the affidavit of the applicant i.e. Respondent No. 1 in the main case who is the returned candidate.