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2023 Supreme(Raj) 1191

PUSHPENDRA SINGH BHATI
Bhanwar Lal Bhadu, S/o. Kishna Ram – Appellant
Versus
Ved Prakash, S/o. Bhagirath Brahman – Respondent


Advocates Appeared:
For the Petitioner: Mr. C.S. Kotwani.
For the Respondents: Mr. D.L.R. Vyas.

JUDGMENT :

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

    “It is, therefore, most humbly and respectfully prayed that the writ petition may kindly be allowed and by issuing an appropriate writ, order or direction:-

i. The impugned order dated 4.8.2023 (Annex.6) passed by learned Additional Chief Judicial Magistrate No.7, Jodhpur Metro in Election Petition No.252/2020 may kindly be quashed and set aside;

ii. The application filed by the humble petitioner under Section 151 CPC (Annex.4), so also the application under Order 16 Rule 1(2) r/w Section 151 CPC (Annex.5) may kindly be allowed and the humble petitioner may kindly be permitted to produce the voters as witnesses;

iii. The learned Tribunal may also be directed to summon the respondent No.4 Kanwar Lal as witness of the humble petitioner so as to prove the defence of the humble petitioner;

iv. Any other order or direction, which this Hon’ble Court deems fit and proper in the facts and circumstances of the present case may kindly be passed in favour of humble petitioner.”

2. Brief facts of the case, as placed before this Court by the learned counsel of

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