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The provisions of Section 74 onwards of the Evidence Act deal with admissibility of public documents. Section 79 provides for presumption of genuineness of the documents filed as certified copies thereof. In the instant case, Annexures 8, C and F are the certified copies issued by the Competent Authorities and, therefore, presumption of their genuineness is there under Section 79 of the Evidence Act.

(33). Undoubtedly, Chapter IV of the Evidence Act provides for mainly adducing the primary evidence and in case it is not available, the secondary evidence can be filed. As Annexures B, C and F are the certified copies of their respective originals, the question is: Whether presumption of their genuineness is there or not ? The objection taken by Mr. Bhoot is that Annx. 1 are the photo copies of diaries of the Polling Officers wbich are not authenticated official documents. The actual account of votes was contained in Form No. XVI, which was prepared by the respective Polling Officer of the Polling Stations after the election and a copy of the same was given to the polling agents of all the candidates. Polled and lender votes were counted on the basis of Form XVI and it was the only authenticated proforma. The Presiding Officers' diaries are not an authenlicated account of voles and, therefore, the same are inadmissible.

(45). In view of the above, there can be no doubt that the annexures-B, C & F are admissible being certified copies of record of public officer, i.e. the Returning Officer and 1 find no force in the submission made by Mr. Bhoot that the said documents had not been prepared under any statute, for the simple reason that all the aforesaid documents had been prepared under the Instructions contained in the Hand Book for Reluming/Polling and the issue has fully been dealt with by the Hon'ble Supreme Court in Ashwani Kumar Sharma (supra). Thus, I have no hesitation to hold that Annexures B, C and F are the public documenls duly prepared as per the Instructions contained in the Hand Book'for Returning Officers and being the certified copies of documents prepared by the public officer, they are admissible under Section 77 of the Evidence Act and presumption of genuineness thereof is also Ihere under Section 79 of the Evidence Act. Annexure B, being the Election Index Card, has been prepared under the said Instructions contained in Chapter XVIII, Miscellaneous Paragraph 4, and is in the form prescribed in Annexure 51 Ihereof. Annexure C, which are the diaries of the Polling Officers, have also been prepared as per the Instruction Para 29.1, Chapter XIII of the said Instructions and as per the proforma contained in Annexure 27. Annexure F is the delailed track for assembly consliluency with delails of candidates etc. and it has been prepared as-per Chapter XIV-B, para 11 and as per the annex'ure contained in Form No. 46 of the said Instructions. Thus, they are held to be public documents and admissible, in evidence.