M. VENUGOPAL, J.

1. The Petitioner has filed this instant Original Application before this Court praying for passing of an order by this Court to issue subpoena to the then Assistant Returning Officer, Kolathur Assembly Constituency, now working as Assistant Commissioner - V, Office of the Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005 viz., Mr. Boovaraghavan, to come and give evidence for the purpose of proving the 15 CDs marked as Ex. C-8 to Ex. C-15, by C.W. 2 on 28.08.2015 under Section 65-B of the Indian Evidence Act. According to the Petitioner, C.W. 2 (Mohanachandran), the present Returning Officer for Kolathur Constituency, in his evidence, had deposed that the documents in Serial Nos. 1 to 8 in O.A. No. 695 of 2015 are presently available in his office and he had brought the said documents with him now but he was not in possession of the certificates authenticating the same and further he had stated that the CDs (15 Nos.) were maintained by the earlier Returning Officer in his office and that he was not in a position to certify the CDs as he is holding the present post only since 01.03.2014 and he was not aware of the content of the CDs, as to how they were produced, how they were stored or how they were reproduced. Also, he stated, in his evidence, that the earlier Returning Officer of Kolathur Constituency during Assembly Elections 2011 would be in a position to certify the aforesaid CDs.

2. It is the stand of the Petitioner that he took steps to issue subpoena to the then Returning Officer viz., Mr. M. Rajarathinam to tender evidence as well as to furnish certificates under Section 65-B of the Indian Evidence Act, 1872 authenticating the CDs marked by C.W. 2 on 28.08.2015. As a matter of fact, the subpoena sent to the two addresses of the then Returning Officer viz., M. Rajarathinam were returned, he was not residing thereto. As such, the Petitioner desires to examine one Mr. Boovaraghavan, who worked as Assistant Returning Officer of Kolathur Constituency during Assembly Elections 2011 (now working as Assistant Commissioner - V, Office of the Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005) because of the reason that he worked along with the then Returning Officer (Mr. M. Rajarathinam) of Kolathur Constituency during Assembly Elections 2011 to tender evidence and to furnish certificate/certificates in regard to the CDs taken by the Election Commission at the time of Election. Moreover, the said Boovaraghavan (then Assistant Returning Officer) would be in a position to speak about the CDs viz., Ex. C-8 to Ex. C15, which were produced before this Court from the records of the Returning Officer kept in the regular course of business. Hence, the Petitioner prays for issuance of subpoena to the said person.

3. In response, the Learned Counsel for the 1st Respondent submits that the present O.A. No. 120 of 2016 in E.L.P. No. 1 of 2011 praying for passing of an order by this Court to issue subpoena to the then Assistant Returning Officer viz., Boovaraghavan to prove the 15 CDs marked as Ex. C-8 to Ex. C. 15 is an abuse of process of Law.

4. Further, it is represented on behalf of the 1st Respondent that C.W. 2 cannot tender any evidence concerning Ex. C-8 to Ex. C-15 and that he has merely tendered the CDs into Court without knowing whether they are genuine or not and therefore, he could not furnish any certificate complying with the statutory requirement, as envisaged in Section 65-B of the Indian Evidence Act.

5. The Learned Counsel for the 1st Respondent proceeds to take a plea that the Petitioner seeks to go on a rowing enquiry since he seeks to summon another Officer viz., Mr. Boovaraghavan, who was not identified by C.W. 2 as a person competent to issue certificate and speak about the CDs. That apart, the said Boovaraghavan (then Assistant Returning Officer of Kolathur Constituency during Assembly Elections 2011), now sought to be summoned, is evidently not c