Jharkhand High Court
Ganesh Mahali vs Champai Soren And Ors on 24 August, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
E.P. No. 5 of 2015
Ganesh Mahali ..... Petitioner
Versus
Champai Soren & Ors. ..... Respondents
---------
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
---------
For the Petitioner : Mr. H.K. Mahato, Advocate. For the Respondents : Mr. Bibhash Sinha, Advocate.
---------
33/Dated: 24/08/2017 I.A. No. 6831 / 2017 I.A. No. 6831 of 2017 has been filed under Order XI, Rule 12 & 14 of the Code of Civil Procedure for directing respondent no. 14 to produce the original documents relating to Jharkhand Legislative Assembly Election - 2014, 17 C Part-II result of counting of Polling Station No. 330, C.U. No. L33739 and C.U. No. K82366, copy of which is annexed and filed with counter affidavit of respondent no. 14 at page nos. 27 to 30.
Heard learned counsel for the respondent no. 1. It appears that although respondent no. 14 has appeared through learned counsel, but when the case is called out, nobody appeared on behalf of the respondent no. 14.
Learned counsel for the petitioner is also present. In the I.A., it is stated that during the course of cross- examination of the election petitioner on 17.08.2017, the election petitioner was confronted with documents relating to Jharkhand Legislative Assembly Election - 2014, 17 C Part-II result of counting of Polling Station No. 330, C.U. No. L33739 and C.U. No. K82366, copy of which is annexed and filed with counter affidavit of respondent no. 14 at page nos. 27 to 30. It is further stated that election petitioner has disputed the genuinity of the xerox copy of documents annexed with the counter affidavit of the respondent no. 14 from page nos. 27 to 30 and the matter was adjourned for today for filing appropriate petition by the respondent no. 1 for production of those documents from the custody of respondent no. 14. It has been further stated that since the petitioner has disputed the genuinity of the documents annexed from page nos. 27 to 30 of the counter affidavit filed by respondent no. 14, therefore, it -2- has become necessary that the original copies of aforesaid documents may be called for from the possession of respondent no. 14 for their production in the Court. It is stated that the documents annexed at page nos. 27 to 30 in the counter affidavit of respondent no. 14 relates to statutory format contained in prescribed "17 C Part II" duly signed by Counting Supervisor, original of which, is presently lying in exclusive possession of respondent no. 14 and, therefore, it would be in the interest of justice that the respondent no. 14 be directed to produce their respective original copies. It is stated that the original copies of documents which are described hereinabove, are very much essential for just and proper adjudication of this case. It is stated that no prejudice will be caused to the election petitioner if the direction is issued by this Hon'ble Court upon respondent no. 14 for production of original copies of Jharkhand Legislative Assembly Election - 2014, 17 C Part- II result of counting of Polling Station No. 330, C.U. No. L33739 and C.U. No. K82366, which are four sheets. It is stated that calling of original documents is necessary at this stage of suit itself, as the cross-examination of election petitioner is going on. The election petitioner is most material witness with respect of his own claim and, therefore, if he will be discharged without being opportunity to confront him with the original copies of those documents, then on such occasion, again he would be required to appear which will not only lead to complexity of the matter, but will also will be time consuming. It is stated that in view of the facts and circumstances, it would be in the interest of justice that appropriate direction be issued under Order XI Rule 12 & 14 of Code of Civil Procedure directing respondent no. 14 to produce original documents relating to Jharkhand Legislative Assembly Election - 2014, 17 C Part-II result of counting of Polling Station No. 330, C.U. No. L33739 and C.U. No. K82366, copy of which is annexed and filed with counter affidavit of respondent no. 14 at page nos. 27 to 30. It is stated that the documents stated hereinabove has direct bearing with the issue -3- involved in the instant case and therefore, the same is necessary at this stage of suit itself.
Learned counsel for the petitioner has no objection. Although, the copy of the I.A. No. 6831 of 2017 has been served on respondent no. 14, who has appeared through learned A.K. Singh, but nobody appeared on behalf of the respondent no. 14.
I.A. No. 6831 of 2017 stands allowed, subject to the condition that respondent no. 1 shall deposit Rs. 500/- before the Jharkhand High Court Advocates' Clerk Association.
Learned counsel for the respondent no. 14 is directed to produce the original documents relating to Jharkhand Legislative Assembly Election - 2014, 17 C Part-II result of counting of Polling Station No. 330, C.U. No. L33739 and C.U. No. K82366, copy of which is annexed and filed with counter affidavit of respondent no. 14 at page nos. 27 to 30 on the next date.
List this case on 14.09.2017.
(Anant Bijay Singh, J.) Sunil/