B.S. Chauhan, J. - (1.) Leave granted.
(2.) This appeal has been preferred against the judgment and order dated 24.5.2010 in S.B. Election Petition No. 1 of 2009 and I.A. No. 6839 of 2010 of the High Court of Judicature for Rajasthan at Jodhpur. By the impugned judgment and order the High Court rejected the application dated 11.5.2010 praying for the summoning of certain documents on the ground that it was not permissible to summon the said documents, i.e., those tendered votes in respect of which none of the parties had taken the pleadings nor an issue had been framed in respect of those tendered votes and, thus, it was not permissible to lead any evidence on the fact which is not in issue. More so, on the ground of delay, the application had been filed after framing of the issues.
(3.) FACTS: (A) A Notification under Section 30 of the Representation of People Act, 1951 (hereinafter called as the Rs. Act 1951) dated 10.11.2008 was issued by Election Commission for holding elections to constitute 13th Legislative Assembly for the State of Rajasthan including the election scheduled for Nathdwara Legislative Assembly No. 176 (hereinafter called as Rs. the constituency). The Appellant as well as the Respondent filed their nominations and were candidates of recognised National Parties. The poll was held on 4.12.2008. (B) During the process of polling, there had been allegations/challenges at various booths that at least 10 votes alleged to have been cast by imposters and thus, 10 tendered votes were cast under Rule 42 of the Conduct of Election Rules, 1961 (hereinafter called as the Rs. Rules 1961). The counting of votes took place on 8.12.2008 and the Appellant contesting on the BJP ticket secured 62216 votes, while Shri C.P. Joshi (INC) secured 62215 votes. At the request of the election agent, a recounting took place under Rule 63 of the Rules 1961. However, the result remained the same and, thus, the Appellant was declared duly elected by a margin of one vote. (C) The Respondent filed an election petition on 15.1.2009 being S.B. Election Petition No. 1 of 2009 before the High Court of Rajasthan under Sections 80, 81, 100(1)(d)(iii) and Section 100(1)(d)(iii) of 1951 Act, inter-alia, alleging that: (i) Smt. Kalpana Kunwar and Smt. Kalpana Singh (wife of Petitioner) were one and the same person, but her name was registered at two places in the electoral rolls of the constituency and hence she had cast two votes in the election; (ii) Six (6) tendered votes cast in the election must be counted and the six (6) votes originally polled against the tendered votes must be rejected. (D) The Appellant filed the written statement contesting the said election petition and the trial is in progress in the High Court. Both the parties have filed several applications before the High Court during the trial of the election petition and the Appellant has approached this Court time and again as is evident from the orders dated 16.12.2009 passed in S.L.P. (C) No. 33725 of 2009; 1.4.2010 in S.L.P.(C) No. 8212 of 2010; and 23.4.2010 in S.L.P(C) No. 10633 of 2010. Appellant filed an application under Order VI Rule 16 read with Section 151 of the Code of Civil Procedure 1908 (hereinafter called as the Rs. CPC) and Section 87 of the Act 1951 for the deletion of paragraph Nos. 13 to 19 of the election petition. The said application was dismissed by the High Court vide order dated 19.11.2009. The Appellant preferred S.L.P (C) No. 34688 of 2009 which was dismissed by this Court vide order dated 16.12.2009. (E) The Appellant preferred an application being I.A. No. 6839 of 2010 dated 11.5.2010 to summon the marked copies of the electoral rolls; register of voters in Form No. 17-A; and list of tendered votes in Form No. 17-B relating to the polling station Nos. 68, 124 and 192 of the constituency. However, the said application has been dismissed by the High Court vide impugned judgment and order dated 24.5.2010. Hence, this appeal. ;