BASANTI DEVI W/O SHRI BABULAL Vs. SMT. PHULA DEVI MEENA W/O SHRI NANULAL MEENA, BY CASTE MEENA, ADDRESS: BADA GAON BHATIA, SYSIAWAS, VILLAGE PANCHAYAT AND POST AKHEPURA, PANCHAYAT SAMITI AND TEHSIL AMER DISTRICT JAIPUR RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging order dated 24.11.2016 passed by Additional Senior Civil Judge cum Additional Chief Metropolitan Magistrate No. 3, Jaipur Metropolitan(for short 'the trial court') whereby application filed by the petitioner for summoning witnesses has been rejected.

(2.) Respondent No. 1-plaintiff filed an election petition challenging the election of the petitioner on the ground that the petitioner declared wrong date of birth of her daughter in nomination form. The petitioner filed certificate issued by the Principal of the School certifying date of birth of daughter of the petitioner as also inquiry report of Additional District Education Officer. To prove the aforesaid documents, the petitioner filed an application before the trial court for summoning witnesses namely Shailesh, Principal, Defence Public School and Smt. Padma Saxena, Additional District Education Officer. The trial court vide order dated 24.11.2016 dismissed the aforesaid application.

(3.) Learned counsel for the petitioner submitted that election petition is fixed at the stage of defence witness. The trial court has dismissed the application on the wrong premise that the petitioner has to prove her defence. Learned counsel for the petitioner argued that summoning of aforesaid witnesses is necessary to prove the aforesaid documents. Learned counsel submitted that though this Court has directed the trial court for deciding the case in fixed time, but this would not mean that the petitioner may be deprived from justice, particularly when time fixed by this Court is still remaining.