C P JOSHI Vs. KALYAN SINGH CHOUHAN

JUDGEMENT

(1.) The election petition was posted on 16.2.2010 for obtaining admission, denial for documents submitted by the parties and for framing of the issues and the Respondent submitted this application a day before on 15.2.2010 raising objections that the sealed packet containing marked copy of the Electoral Roll, the Register of Voters in Form No. 17A and the list of Tendered Votes in Form No. 17B, should not be opened and be allowed to be inspected even for framing of the issues. Consequence of which will be the Court may not obtain admission denial for the documents referred above before framing issues.

(2.) The contention of the Respondent is that this Court vide order dated 19.11.2009 allowed the application of the Petitioner for summoning of the documents and has summoned the documents mentioned at S. Nos. 4 to 35 and 45 from the District Election Officer, Rajsamand. Against this order dated 19.11.2009, Special Leave to Appeal (Civil) No. 33725/09 was preferred before Hon'ble the Supreme Court. Said Special Leave to Appeal was disposed of by the Hon'ble the Supreme Court on 16.12.2009 with liberty to Petitioner to raise objections referred in the order at relevant time.

(3.) According to the learned Counsel for the Respondent, in view of the above order of the Hon'ble Supreme Court, unless the Petitioner prima facie proves allegations contained in para No. 12 to 19 of the election petition, the sealed packet containing the marked copy of the Electoral Rolls, the Registers of Votes in Form No. 17A and the list of Tendered Votes in Form No. 17B should not be opened and be allowed to be inspected even for framing of the issues in the election petition.