'^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) N0. ^ ^° /2010 PETITIONER NON-APPLICANT No.l RESPONDENTS APPLICANT NON-APPLICANTS ^ ./£' ^\^N'^ C^ .M/ ^^? .^y .^v/ <^^:' / ^/. / ¥w ^' 1. 4. 6/ 7. ^ ^ Satnam Singh Khanuja, S/o. Late Sardar Santosh Singh Khanuja, R/o. Sirgitti, Bilaspur, Tahsil & District Bilaspur (C.G.). VERSUS Balram Dewangan, Aged about 33 years, S/o. Chhotelal Dewangan, R/o. Sirgitti, Bilaspyr, Tahsil & District Bilaspur (C.G.). Kumari Kesari Ingole, S/o. Anand Rao Ingole, R/o. Nayapara, Kirtinagar, Near Bada Talab, Sirgitti, Bilaspur, Tahsil & District Bilaspur (C.G.). ^" Punitram Pawan Sahu, S/o. Khomlal Sahu, R/o. Ward No.5, Tarbahar, Sirgitti, Bilaspur, Tahsil & District Bilaspur (C.G.). fe" Ratna Ingole, D/o. Anand Rao Ingole, R/o.Nayapara, Kirtinagar, Near Bada Talab, Sirgitti, Bilaspur, Tahsil & District Bilaspur (C.G.). rii Vinod Sahu, S/o. Chhediram, R/o. M.K.Tailors, Bannak Chowk, Sirgitti, Bilaspur, Tahsil & District Bilaspur (C.G.). Shivshankar Shrivas, S/o. Ganesh Prasad, R/o. Ward No.15, Bannak Chowk, Sirgitti, Bilaspur, Tahsil & District Bilaspur (C.G.). Shrikant Yadav, S/o. Bhushanlal, R/o. Ward No.12, Najarlalpara, Kirtinagar, Bilaspur, Tahsil & District Bilaspur (C.G.). I 8. Nirv^achan Adhikari, Tahsildar Bilaspur, Tahsil & District Bilaspur (C.G.). A.__ WRIT PETITION UNDER ARTICLB 227 QF THE CONSTITUTION OF INDIA K HIGH COURT OF CHH4TTISGARH AT BILASPUR 8.B: Hon'ble Shri Prashant Kmnar JVIishra Writ Petition 027) No. 6830/2010 PETITIONER : Satnam Singh Khanuja Versus RESPONDENTS : Bah-am Dewangan and others Appearance: Shri Ashok Shukla, counsel for the petitioner. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTrTUTION OF INDIA ORAL ORDER (25.11.2010) Heard. (2) The District Judge, in course oftrial of election petition under the provisions of Chhattisgarh Municipalties Act has allovved fhe respondent No.l's prayer under Order 7 Rule 14 of CPC and has taken on record documents. (3) The respondent No.l has filed the election petition challenging the election ofthe petitioner as President ofNagar Panchayat. The said respondent moved the subject application under Order 7 Rule 14 of CPC inter alia submitting that he has received some important relevant document under right to information vvhich are necessary to be produced in the election petition. (4) The District Judge has allowed the prayer after recording a finding that the document appears to be relevant to determine the real /''issue involved in the election petition. i.::i'i'^-^ ,i ! \..^/ A (5) Leamed counsel for the petitioner vvould argue that the application is casual and there is no explanation why those documents have not been submitted along with election petition. He would submit that in an elecfion petition the petitioner is required to furnish documents along with the petition and cannot be allowed subsequently. (6) While allowing the application the learned District Judge acting as election tribunal under the provisions of Chhattisgarh Municipalties Act has referred to Rule 5, 11 and 13 of the Chhattisgarh Municipalties (Election Petition) Rules, 1962 framed under section 23 ofthe Chhattisgarh Municipalties Act, 1961 and has concluded that under those provisions the election tribunal has been empowered to exercise such powers under the Code of Civil Procedure which are necessary for production ofdocuments. (7) In the opinion of this court, the learned District Judge has not committed any illegality nor has acted vvith material irregularity in ©xerciseofjurisdiction while allowing election petitioner's prayer for production ofdocument. (8) If the petitioner, so desires, he may also file document in rebuttal. (9) With the above observation, the instant petition is dismissed. Sd/- Prashant Kumar Mishra Judge Oyv^