Chhattisgarh High Court sends election petition back to tribunal for full evidence hearing

February 05, 2002 : The Chhattisgarh High Court, has set aside a tribunal order that had directed a recount and sent the case back so both sides can present evidence and follow the procedure laid down in the Panchayat election rules.

The petition challenged a 19 December 2001 order in which the tribunal had ordered a recount without recording oral evidence or following the evidence procedure set out in the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995. The petitioner argued that the tribunal could not decide the election petition or order a recount without recording evidence and without an application for recounting being on record. The respondent insisted a recount application had been made and maintained that the recount order was appropriate, but it was accepted by the court that neither side had led evidence before the tribunal.

The court examined the rules that govern election petitions and highlighted Rule 11, which requires the specified officer to conduct an inquiry as nearly as possible to the procedure followed in civil trials under the Code of Civil Procedure, 1908, and to make a memorandum of the substance of each witness’s evidence. Rule 11 also gives the specified officer procedural powers such as summoning witnesses, compelling production of documents and receiving evidence on affidavit. Rule 12 places the duty on parties to produce their witnesses on the date fixed for evidence and makes adjournments for non-attendance the exception rather than the rule.

Finding that the parties wished to adduce and rebut evidence, the court allowed both the petitioner and the respondent an opportunity to lead their evidence. The High Court set aside the tribunal’s recount order and remitted the matter for a proper hearing. The tribunal was directed to afford the parties the chance to produce evidence, to issue process if required (including dasti service, given the passage of time), and to decide the petition afresh. The court indicated the parties should appear before the tribunal on 18 February 2002 and asked the tribunal to dispose of the matter preferably within two months of that appearance. With those directions, the petition was disposed of.

Case Details : Writ Petition No. 173 of 2002, Ramdeo vs. State of Chhattisgarh and Ors.

Counsels: For Appellant/Petitioner/Plaintiff: Sunil Sinha, Adv. For Respondents/Defendant: Goutam Bhaduri, Govt. Adv. and Party in person