BHANWAR LAL BHADU Vs. VED PRAKASH

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by the learned counsel of the petitioner, are that the petitioner was elected as Sarpanch, Gram Panchayat, Gangani, District Jodhpur. Thereafter, the respondent no.1 filed an election petition before learned District & Sessions Judge, Jodhpur Metropolitan, against the petitioner. The learned Court below, after completion of the pleadings, framed certain issues, and posted the matter for evidence of the parties.

(3.) Learned counsel for the petitioner submitted that the learned Court below passed the impugned order on the application under 151 CPC on the ground that the respondent no.4 himself was party in the election petition, and therefore, though he can be permitted to appear as witness independently for his own examination, but not in the capacity of the petitioner's witness, in support of his defence in the election petition filed by the respondent no.1. As per learned counsel, the said finding of the learned Court below is not justified in law.