Back
2009 Supreme(Raj) 1294
[Citation : 2010(1) RLW 795 (Raj.)]
(Rajasthan High Court)
C.P. Joshi Vs. Kalyan Singh Chouhan & Anr. (Tatia, J.)
HON'BLE PRAKASH TATIA, J.
C.P. Joshi
Versus
Kalyan Singh Chouhan & Anr.
S.B. Election Petition No. 1 of 2009, decided on 19.11.2009
M.S. Singhvi, for Petitioner;
L.R. Mehta with Vijay Bishnoi, for Respondent No. 1
Headnote:Conduct of Election Rules, 1961, Rule 93; CPC, Order 13 Rule 10, Order 14 Rule 4; Representation of People Act, 1951, Sec. 12; Rajasthan High Court Rules, 1952, Rule 745(2)— Power of the Court to summon the documents and articles for production in Court — Whether the documents can be summed before framing of issues — Held — Even without the help of Sec. 12 of the Act of 1951, rule 745(L) of the Rules of 1952 and without the help of order 13 Rule 10 CPC the Court can summon documents and Articles referred in Rule 93 — u/O 14 R. 4 CPC for framing of the issues if the documents are needed, they can be got produced and specifically empowered the Court to compel the attendance of any person, to produce the documents in his possession.
Petition allowed. (Paras 6, 7, 12 to 16)
fuokZpu lapkyu fu;e] 1961] fu;e 93( fl-iz-la-] vknsk 13 fu;e 10( vknsk 14 fu;e 4( tu izfrfuf/kRo vf/kfu;e] 1951] /kkjk 12( jktLFkku mPp U;k;ky; fu;e] 1952] fu;e 745¼,y½ & U;k;ky; esa isk djus ds fy, nLrkost vkSj oLrq,¡ e¡xokus dh U;k;ky; dh kfä;k¡ & D;k fook|d fojfpr djus ls iwoZ nLrkost eaxok;s tk ldrs gS\ & vfHkfu/kkZfjr & 1951 ds fu;eksa ds fu;e 12] 1952 ds fu;eksa ds fu;e 745¼,y½ dh enn ds fcuk vkSj ;gk¡ rd fd fl-iz-la- ds vknsk 13 fu;e 10 dh enn ds fcuk Hkh U;k;ky; fu;e 93 esa funsZfkr nlrkostksa vkSj oLrqvksa dks eaxok ldrk gS & fook|dksa dh fojpuk djus gsrq vknsk 14 fu;e 4 fl-iz-la- ds rgr ;fn nLrkostksa dh vko;drk gks rks mUgsa isk djok;k tk ldrk gS vkSj fofufnZ"V :i ls ;g U;k;ky; dks lkä fd;k x;k gS fd og mu nLrkostksa dks isk djus gsrq fdlh Hkh O;fä dks mifLFkr gksus ds fy, etcwj djs ftlds dCts esa ;s nLrkost gSA
;kfpdk Lohdkj dhA ¼in la- 6] 7] 12 ls 16½
"1. Nomination Papers presented by Shri Kalyan Singh Chouhan along with affidavit.
2. Declaration of Result of election in Form No. 21C of Conduct of Election Rules, 1961.
3. Return of Election in Form 31E of Conduct of Election Rules, 1961.
4. Electoral Roll relating to Polling station No. 39.
5. Electoral Roll relating to Polling station No. 40.
6. Electoral Roll relating to Polling station No. 27
7. Electoral Roll relating to Polling station No. 61.
8. Electoral Roll relating to Polling station No. 73
9. Electoral Roll relating to Polling station No. 117.
10. Electoral Roll relating to Polling station No. 180
11. Electoral Roll relating to Polling station No. 199
12. Market copy of electoral roll relating to Polling station No. 39
13. Marked copy of electoral roll relating to Polling station No. 40
14. Marked copy of electoral roll relating to Polling station No. 27
15. Marked copy of electoral roll relating to Polling station No. 61
16. Marked copy of electoral roll relating to Polling station No. 73
17. Marked copy of electoral roll relating to Polling station No. 117
18. Marked copy of electoral roll relating to Polling station No. 180
19. Marked copy of electoral roll relating to Polling station No. 199
20. Register of Voters in Form No. 17A relating to Polling Station No. 39
21. Register of Voters in Form No. 17A relating to Polling Station No. 40
22. Register of Voters in Form No. 17A relating to Polling Station No. 27
23. Register of Voters in Form No. 17A relating to Polling Station No. 61
24. Register of Voters in Form No. 17A relating to Polling Station No. 73
25. Register of Voters in Form No. 17A relating to Polling Station No. 117
26. Register of Voters in Form No. 17A relating to Polling Station No. 180
27. Register of Voters in Form No. 17A relating to Polling Station No. 199
28. List of Tendered Votes in Form No. 17B relating to Polling Station No. 27
29. List of Tendered Votes in Form No. 17B relating to Polling Station No. 61
30. List of Tendered Votes in Form No. 17B relating to Polling Station No. 73
31. List of Tendered Votes in Form No. 17B relating to Polling Station No. 117
32. List of Tendered Votes in Form No. 17B relating to Polling Station No. 180
33. List of Tendered Votes in Form No. 17B relating to Polling Station No. 199
34. Video CDs containing the videography of polling Process relating to Polling Station No. 39
35. Video CDs containing the videography of polling Process relating to Polling station No. 40
36. Electronic Voting Machine along with Controlling unit of polling station No. 39.
37. Electronic Voting Machine along with Controlling unit of polling station No. 40
38. Electronic Voting Machine along with Controlling unit of polling station No. 27
39. Electronic Voting Machine along with Controlling unit of polling station No. 61
40. Electronic Voting Machine along with Controlling unit of polling station No. 73
41. Electronic Voting Machine along with Controlling unit of polling station No. 117
42. Electronic Voting Machine along with Controlling unit of polling station No. 180
43. Electronic Voting Machine along with Controlling unit of polling station No. 199
44. Tendered Ballot papers at polling station Nos. 27, 61, 73, 117, 180 and 199.
45. Record relating to inclusion of the name of Smt. Kalpana Kunwar/Kalpana singh wife of respondent Kalyan Singh Chouhan in the electoral roll pertaining to Polling Station No. 86 (Numbered 39 in the election held on 4.12.2008) as also Polling Station No. 83 (Numbered 40 in the election held on 4.12.2008) of Nathdwara Legislative Assembly Constituency."
2. The petitioner's contention is that all these documents are material documents and are in possession of the District Election Officer, Rajsamand. The petitioner in the election petition earlier sought order from this Court that all material
