Single-paragraph order allowing a writ petition challenging an election tribunal order. The bench allowed the petition and set aside the order permitting respondents to mark specific documents as exhibits, citing submissions that other witnesses had already produced said documents.
Writ petition allowed; impugned order dated 15.01.2011 set aside. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
: O R D E R :
S.B. CIVIL WRIT PETITION NO.1844/2011
(Hakma Ram Vs. Gowaram & Anr.)
Date of Order
01st February, 2013
PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Rajesh Panwar, for the petitioner. Mr. Rajesh Chudhary, for the respondents.
BY THE COURT:
This writ petition has been filed by the petitioner aggrieved by the order dated 15.01.2011, whereby, the respondents were permitted to mark exhibits on the three documents as Exhibit-3, Exhibit-5 and Exhibit-6.
Learned counsel for the petitioner states that the order impugned passed by the learned trial court is against express provisions of law.
On the other hand, learned counsel for the respondents states that in view of the fact that other witnesses produced by them have already filed the said three documents and they have been marked as exhibits during the course of proceedings before the Election Tribunal, the present writ petition may be allowed.
In view of the submissions made by the learned counsel for the respondents, the writ petition is allowed. The order impugned dated 15.01.2011 is set aside. No costs.
(ARUN BHANSALI), J.
A.K.Chouhan/- 85
2 issues framed by the court
Whether the writ petition challenging the order permitting respondents to mark exhibits in election matters should be allowed.
Whether the requirement for documents to be uniquely marked as exhibits prevents their admissibility if already produced by other witnesses.
Hakma Ram
Gowaram
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
