KESAR Vs. NIHALI KUMARI

JUDGEMENT

(1.) The defect No.3 pointed out by the Registry being unsubstantial, is overruled.

(2.) Feeling aggrieved of the order dated 26.08.2019, passed by learned Senior Civil Judge, Barmer (hereinafter referred to as the 'trial Court'), the petitioner has invoked supervisory jurisdiction of this Court conferred by Article 227 of the Constitution of India.

(3.) Facts appertain, narrated with brevity, are that an election petition came to be filed by the respondent, against the petitioner- an elected Sarpanch. The election petition was filed with the allegation that the petitioner has contested the election on the basis of forged and fabricated documents including mark-sheet and transfer certificate. During the pendency of the election petition, when the exhibits were being marked on the documents, petitioner moved an application dated 20.10.2018 under Order XVI Rule 3 of the Code of Civil Procedure and prayed that the Secretary of the Board of Secondary Education, Uttar Pradesh be summoned for proving the veracity of the certificates issued in her favour. The reason for calling the Secretary, as indicated in the application, was that since there were two certificates with same roll number issued in names of two different persons, it is only the Secretary concern, being scribe of the certificate (A/2), who can prove the certificate, which was issued to the petitioner.