Giriraj Singh Maj vs Laxman Bag

A.C. Behera, J

This Interlocutory Application has been filed by the Election Petitioner in Election Petition No.12 of 2024 praying for calling for the documents indicated in the schedule of the I.A. from the custody of the District Election Officer-cum-Collector, Bolangir stating in the I.A. that, the documents mentioned in the schedule of I.A. are very much essential to decide the relief(s) sought for by him (Election Petitioner) and the said required documents are in the custody of the District Election Officer-cum-Collector, Bolangir. If the same are not called for, an effective adjudication of the Election Petition cannot be made. For which, the said documents are required to be called for.

Heard from the learned Senior Counsel for the Election Petitioner and the learned Counsel for the respondent.

During the course of hearing, learned counsel for the respondent objected to the I.A. of the Election Petitioner contending that, in case the I.A. filed by the Election Petitioner is allowed, the same will unnecessarily cause delay in disposing of the Election Petition, by which, the respondent/Opp. Party shall be prejudiced and the same will cause an unnecessary burden on the District Election Officer-cum-Collector Balangir. Therefore, the I.A. filed by the petitioner has no merit, the same is liable to be dismissed.

The provisions of law envisaged in Section 87 of the R.P. Act, 1951 clearly clarify that, “subject to the provisions of the said Act and the rules made under that Act, every election petition shall be tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits.”

Order 13, Rule 10 (2) of the CPC, 1908 provides that, if any document or record is essential for the just decision of the case or proceeding and if any party prays for calling for such documents from the custody of any person or authority, the same should not ordinarily be refused. Because, it is the duty of the Court to find out the truth referring all the essential materials, evidence and documents relating to the case or proceeding.

It is the settled propositions of law that, when the documents in question are not under the control of a party and the said documents are required for the purpose of proper adjudication and disposal of a suit or a proceeding, in that situation, the Courts or the Tribunals cannot refuse the prayer of a party for calling for the documents from the custody of others, when the said documents are essentially required for the true and correct disposal of a suit or a proceeding.

On this aspect, the propositions of law has already been clarified by the Hon’ble Courts in the ratio of the following decisions:

(I) In a case between Laxman Vs. Parsuram & Another reported in 2018 (3) Civ.C.C. 602 (Raj.) that, when the documents in question was in the possession of the police authorities, having subject matter of proceedings initiated by the plaintiff by filing an FIR against the thirdparty as well as defendants and when the said document is relevant and necessary for the purpose of true and correct disposal of the suit, in that case, the application for calling for of the documents was allowed.

(II) In a case between G. Suverna Bai & Others Vs. M. Ramesh Chander Rao & Others reported in 2016 (2) Civ.C.C. 257 (Hyd.) that, if bringing on record a document is essential for proving the case by a party, ordinarily the same should not be refused, since it is the duty of the Court’s to find out the truth. Application allowed.

(III) In a case between Mangilal Vs. Nandalal Lohariya reported in 2018 (3) Civil. Court Cases 572 (Raj.) that, when the documents in question were not in the control of the plaintiff and, therefore, the concerned Court required the said documents for proper adjudication of the suit, the calling for of the same is held to be well justified. No interference with the same is warranted.

Here in this matter at hand, when the documents indicated in the schedule of the I.A. have been sought for to be called for from the custody of District Election Officer-cum-Collector, Bolangir and when as per the Election Petitioner, the said documents are required for the true and correct disposal of the Election Petition and if the said documents will be called for, the same will not cause any prejudice to the Opp. Party (respondent in Election Petition No.12 of 2024), rather the said documents shall be helpful for the just decision of the Election Petition No.12 of 2024 and when it is the duty of the Court to call for the required documents for the just and proper decision of a suit or proceeding like the Election Petition No.12 of 2024, then, at this juncture, by applying the propositions of law enunciated in the ratio of the aforesaid decisions, I find no justification to disallow this

I.A. filed by the Election Petitioner.

Therefore, this I.A. filed by the Election Petitioner in Election Petition No.12 of 2024 is allowed.

The schedule of documents indicated in the I.A. of the Election Petitioner be called for from the custody of District Election Officer-cum-Collector, Bolangir to the Election Petition No.12 of 2024 with a direction to the District Election Officer-cum-Collector, Bolangir to transmit the same within 15 days of receiving the information from the Registry about such transmission.

Copy of this Judgment be sent to the District Election Officer-cum-Collector, Bolangir by the Registry immediately to comply the directions made in this Judgment by the District Election Officer-cum-Collector, Bolangir within the above stipulated period.

As such, this I.A is disposed of finally.