H S BALI Vs. TRILOCHAN DUTT

JUDGEMENT

(1.) WITH the intention of protracting the disposal of the election petition, this appeal has been preferred by the successful candidate against the interim order of Single Bench by which the court refused to resumon the witnesses as they were found not material for the decision of the preliminary issues framed in the case. It was held that preliminary issues can be effectively decided on hearing the party as they did not require any further evidence.

(2.) THE facts giving rise to the filing of the present petition were that CMP(E. P. NO. 3/88) was filed to summon the witnesses of the respondent successful candidate who were not present for want of their addresses or had refused to accept the summons The petitioner invoked the aid of rule 8 of the Rules relating to election petitions with the prayer that issue No; 4 be not tried and proceeded with as the subject matter of the issue was subject to presumption under rule 8 of the Election petition Rules of the state. The CMP was contested by the respondent No; 1 inter alia on the grounds that the said CMP was misconceived and not maintainable in view of the provisions of Rule 8 of the Rules after phrasing the record, the rules applicable and the provisions of law, the Single judge vide the order impugned directed as stated hereinabove

(3.) WE have heard the learned counsel for the appellant and perused the record.