JUDGMENT

1. This writ petition under Article 227 of the Constitution of India is directed against the order dated 26.05.2022 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 dated 08.04.2022 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 dated 26.05.2022, 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 dated 29.09.2020 behind her back and hence, he was required