JUDGMENT

Dr. B. S. Chauhan, J. —

1. Leave granted.

2. This appeal has been preferred against the judgment and order dated 24.5.2010 in S.B. Election Petition No. 1 of 2009 and I.A. No. 6839 of 2010 of the High Court of Judicature for Rajasthan at Jodhpur. By the impugned judgment and order the High Court rejected the application dated 11.5.2010 praying for the summoning of certain documents on the ground that it was not permissible to summon the said documents, i.e., those tendered votes in respect of which none of the parties had taken the pleadings nor an issue had been framed in respect of those tendered votes and, thus, it was not permissible to lead any evidence on the fact which is not in issue. More so, on the ground of delay, the application had been filed after framing of the issues.

3. FACTS :

(A) A Notification under Section 30 of the Representation of People Act, 1951 (hereinafter called as the ‘Act 1951’) dated 10.11.2008 was issued by Election Commission for holding elections to constitute 13th Legislative Assembly for the State of Rajasthan including the election scheduled for Nathdwara Legislative Assembly No. 176 (hereinafter called as ‘the constituency’). The appel