SANGEET LODHA,J. - (1.) This petition is directed against order dated 28.3.17 passed by the Election Tribunal (Additional Senior Civil Judge), Hanumangarh in Election Petition No. 1/15, allowing an application preferred by the respondent 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, 2 KSP, on the ground that at the time of filing the nomination form, she was not possessing the requisite educational qualification of Standard 8th. It is specifically averred in the election petition that the Provisional Achievement Certificate issued by Awam Educational and Development Society Umra Mewat showing that the election petitioner has acquired qualification of 8th Standard is a forged document. It is contended that since the election petitioner lacking in requisite academic qualification, was not eligible to contest the election.
(3.) The election petition is being contested by the petitioner herein, by filing a reply thereto. During the pendency of the election petition, the respondent preferred an application under Order 7, Rule 11 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 171(6), 182, 193, 420, 467, 468, 471 IPC on record. The application was opposed by the petitioner by filing a reply thereto, taking the stand that the document sought to be produced is not relevant for adjudication of the controversy involved and in absence of any pleadings in this regard, the document sought to be produced is not admissible in evidence.;