R.BALIA, J. - (1.) The appeal comes up for orders on the application under Article 226(3). We have heard the learned counsel for the parties on merit of the appeal itself at the request of the learned counsel for the parties.
(2.) The petitioner is a successful candidate at the elections held for Gram Panchayat, Laroli Kala, Distt. Deedwana. The election petition was filed against him by the respondent No.2 challenging the election inter-alia on the ground that he was disqualified to contest the election in terms of Sec. 19(1)(l) of the Panchayati Raj Act, 1994, for having more than two children. During the pendency of the said election petition, the petitioner moved an application for calling the record of the returning officer containing the nomination papers filed by him, stating that Foundation for holding him disqualified is emanating from his own declaration. Alongwith the application for summoning the record, the petitioner has also made a request for examining the said document by a hand-writing expert. The averment of the petitioner in his application was that his nomination papers have been interpolated afterwards. Vide order dated 16.8.2005 the Civil Judge (Sr.Div.), before whom the election petition was pending, allowed the prayer for summoning the record containing the nomination paper submitted by the petitioner at the time of election but declined to refer the document to hand writing expert for examination.
(3.) Aggrieved with the aforesaid order, the petitioner filed S.B.Civil Writ Petition No. 5338/05 for setting aside the order dated 16.8.2005 and sought the direction for sending the nomination paper for examination to hand writing expert alongwith the application. The petitioner also sought for staying further proceedings before the election Tribunal.;