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In the first place, the petitioner has averred that at Polling Station No. 27 (Gudla, Tehsil Nathdwara, District Rajsamand), the name of Smt. Kamla wife of Shri Champa Lal appeared at serial number 311 in the Electoral Roll but when this voter reached the Polling Station for casting her vote, it was found that somebody else had already cast the vote on her serial number by Electronic Voting Machine by practicing impersonation. The petitioner has averred that the Presiding Officer at the concerned Polling Station put the questions to the said Smt. Kamla wife of Shri Champa Lal regarding her identity and, on her giving satisfactory reply, asked her to put the thumb impression against the entry relating to her name in Form No. 17-B; and upon her putting such thumb impression, supplied her a tendered ballot paper and she did cast her vote on such tendered ballot paper.

19. On account of the eminent position which the petitioner has been holding in the ruling party for the last so many years, the answering respondent has every reason to believe that the petitioner who had not made any grievance about the allegations contained in Paras No.12 to 19 of the Election Petition at any time either during the voting or during counting and re- counting, which was done on his request, could not have been able to file the Election Petition without the S.B. Election Petition No. 1/2009 C.P. Joshi Vs. Kalyan Singh Chouhan averments contained in Paras 12 to 19 and the grounds. In this connection, the petitioner is submitting herewith the complaints filed by him on 20.1.2009, 5.2.2009, the reply of the Collector, Rajsamand, dated 16.4.2009 and the detailed written submissions submitted by the answering respondent in response to the said letter of the Collector, Rajsamand dated 12.5.2009 and the same are filed herewith and marked as Annex.R/6. It is submitted that no action was taken by the collector or the Election Commission till date."

Thereafter, the petitioner's evidence commenced; the petitioner himself was examined on 6th, 7th and 8th July 2010 and other witnesses were examined on different dates. The other part of the order-sheets relating to summoning and examination of the witnesses need not be dilated upon but some other interlocutory matters do deserve mention.

During the course of his evidence, the petitioner moved two applications (IA Nos.12698/2010 and 13518/2010) respectively on 23.09.2010 and 01.10.2010 essentially with the submissions that Form No. 17-A of Polling Stations No. 39 as also of Polling Station No. 40 contained the signatures of Smt. Kalpana Singh alias Smt. Kalpana Kunwar in English and that the respondent had annexed with his reply a copy of the certificate of registration pertaining to a tractor bearing number RJ 30 RA 0063 in the name of his wife Kalpana Singh alias Smt. Kalpana Kunwar. The petitioner submitted that he had reliably learnt that in the loan documents of Rajsamand Sahakari Bhoomi Vikas Bank as well as in the office of District Transport Officer, the signatures of the wife of the respondent S.B. Election Petition No. 1/2009 C.P. Joshi Vs. Kalyan Singh Chouhan were available in English as Kalpana Singh. The petitioner submitted that he had approached an expert Shri Ajay Sharma for obtaining report on the signatures of the said Kalpana Singh @ Smt. Kalpana Kunwar and in order to enable the expert to submit his report on such signatures, the original of Form No. 17-A was required to be made available to the expert. The petitioner also sought summoning of the original record of the loan documents executed by Smt. Kalpana Kunwar @ Smt. Kalpana Singh in respect of the said tractor bearing registration number RJ 30 RA 0063 and the original record pertaining to the registration of the tractor from the District Transport Officer, Rajsamand for being made available to the expert. The respondent filed detailed replies contending against these applications. These applications were considered in the order dated 19.11.2010 wherein, the Court found no necessity of summoning the documents or permitting the petitioner to produce an expert's report at the given stage but kept the matter open with the following observations:-

There are other documents available on record marked as Exhibit 19 which were filed alongwith IA No.13518/2010 and being related to an application moved to the Rajsamand Zila Sahahari Bhumi Vikas Bank Ltd., Rajsamand for taking a loan for purchase of a tractor by the respondent's wife. In these documents, at several places, the signatures of the respondent's wife appear in Hindi and English both; and in English, the signatures are distinctly making out the words "Kalpana Singh". It is asserted on behalf of the respondent that his wife signed only in Hindi but the interesting part of the matter is that Hindi signatures as occurring in such documents are making out the words "Kalpana Chouhan" and not S.B. Election Petition No. 1/2009 C.P. Joshi Vs. Kalyan Singh Chouhan "Kalpana Kunwar". Be that as it may, it has, again, not been established that anybody made any interpolation in the said documents. The possibility of the wife of the respondent putting signatures both in Hindi and English is not ruled out.