SANGEET LODHA,J. - (1.) This petition is directed against order dated 9.9.16 passed by the Civil Judge (Senior Division), Bhadra in Election Petition No. 1/15, allowing an application preferred by the respondent, the election petitioner, under Order 7, Rule 14 CPC.
(2.) The facts relevant are that the respondent filed an Election Petition before the District Judge, Hanumangarh, under Section 43 of the Rajasthan Panchayati Raj Act, questioning the election of the petitioner as Sarpanch, Gram Panchayat, Mahrana, on the ground that at the time of filing the nomination form the certificate of passing Standard 8th, filed by her is a forged document and thus, on account of lacking in minimum educational qualification prescribed, she was not eligible to contest the election. The Election Petition is being contested by the petitioner herein, by filing a reply thereto. During the pendency of the Election Petition, the election petitioner preferred an application under Order 7, Rule 14 CPC, for taking certified copy of the charge-sheet filed by the police before the criminal court of competent jurisdiction against the petitioner for offences under sections 420, 467, 468, 471, 477A, 120B IPC and some seizure memos, on record. The application was contested by the petitioner by filing a reply thereto, taking the stand that the documents sought to be produced are not relevant for adjudication of the controversy involved and in absence of any explanation regarding delay in producing the documents, the same cannot be taken on record.
(3.) After due consideration, the application has been allowed by the Election Tribunal. Hence, this petition.;