LALI DEVI Vs. MONIKA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 26/5/2022 passed by learned Senior Civil Judge, Khetri, District Jhunjhunu in Election Petition No.2/2021 (CIS No.2/2021) whereby, an application filed by the petitioner/non-applicant No.3 for summoning a witness, has been dismissed.

(2.) The relevant facts in brief are that the respondent No.1/applicant filed an election petition challenging the election of the respondent No.3 as Panch, Gram Panchayat Sultana Ahiran, Tehsil Buhana, District Jhunjhunu. During the course of trial, the petitioner/non-applicant No.3 filed an application dtd. 8/4/2022 requesting the Court to summon the then Village Development Officer (for brevity "the VDO") along with original report of the Gram Panchayat which has been dismissed by the learned trial Court vide its order dtd. 26/5/2022, impugned herein.

(3.) Assailing the order impugned, learned counsel for the petitioner contended that the VDO was an important witness who could throw light on the controversy involved in the matter. He submitted that the VDO has prepared the report dtd. 29/9/2020 behind her back and hence, he was required to be cross-examined by the petitioner. He, in support of his submissions, relies upon a judgment of Hon'ble Apex Court of India in case of Mange Ram versus Brij Mohan and Ors.: 1983 4 Supreme Court Cases 36 and a Coordinate Bench order of this Court dtd. 15/4/2013 passed in SB Civil Writ Petition No.3369/2013: Harjinder Singh versus Shyam Sunder and Ors. He, therefore, prayed that the writ petition be allowed, the order dtd. 26/5/2022 be quashed and set aside and the application filed by the petitioner be allowed.