BIJOYSHREE Vs. MADHUSUDAN

JUDGEMENT

(1.) The Respondent No.1 (the returned candidate) while filing the list of witnesses to be summoned to be examined by him has filed this application to permit him to file the list of witnesses and the list of documents to be called for so far as they relate to the issues on his application for recrimination, if and when the same is taken up for hearing.

(2.) Mr. B. Misra, the learned counsel for respondent No.1 has submitted that the summoning those witnesses to be present for examination would be prejudicial to respondent No. 1 inasmuch as there may not be any occasion for the same if it is found that the election of respondent No. 1 is not void. Relying upon the majority view expressed in the decision reported in AIR 1964 SC 1200 (Jabar Singh v. Ganda Lal) Mr. Misra emphasised that the law envisages the trial of issues in respect of the grounds of Section 100 of the Representation of the People Act, 1951 first and after the Court declares that the election of the returned candidate is void, the issues relating to declaring another candidate elected as provided under section 101 would arise and at that stage only the issues relating to recrimination under Section 97 may be required to be tried.

(3.) The majority view of the Supreme Court is as follows :-