P. K. Musahary, J.—

This miscellaneous application has been filed under Order VII Rule 11 (a) and Order VI Rule 16 of the Code of Civil Procedure, 1908 questioning the maintainability of additional affidavit dated 27.01.2011 filed by the respondent/election petitioner as per prescribed Form 25 of the Conduct of Election Rules, 1961 for bringing the same as a part of Election Petition No. 01 (AP)/2009 without leave of the Court in violation of time limit prescribed under Section 81 of the Representation of People Act, 1951 and dismissal of the said Election Petition.

2. I have heard Mr. M. Pertin, learned counsel, appearing for the applicant Respon#31;dent No. I/returned candidate and also Mr. B. L. Singh, learned counsel for the respon#31;dent/Election petitioner.

3. At the outset Mr. Pertin, learned counsel, submits that this Misc. Case has been filed as a counter/objection to the additional affidavit filed by the respondent/Election petitioner on 27.01.2011 without the leave of the Court. Mr. Pertin learned counsel, agreed that Mr. B. L. Singh, learned counsel for the respondent/Election petitioner be allowed to address the Court first to justify the reason for filing such additiona

Click Here to Read the rest of this document