This was objected to by the returned candidate.
No Court assistance need be rendered for procuring the presence of all or any of them and the examination shall be companypleted within a span of 7 days companymencing from the date on which the High Court companymences examination of witnesses.
From the Judgment and order dated the 11th January, 1983 of the Punjab and Haryana High Court at Chandigarh in Election Petition No.
It appears that again on January 11,1983, petitioner submitted a list of witnesses intimating to the Court that he desires to examine them.
Reasons to follows.
Appellant called in question the election of the 1st respondent the returned candidate by presenting .
The election petition reached the stage of recording evidence.
In the meantime, the evidence of election petitioner was being recorded.
Appellant was defeated.
The election petitioner appellant herein shall produce all those witnesses and examine all or any of them whomsoever he wants to examine out of them and in respect of whom, the Court did number grant permission to examine.
To this petition, the returned candidate as well as all other candidates who lost the election were impleaded as parties.
The remaining candidates lost their deposits.
After going through the pleadings of the parties, the Court ascertained the points on which parties were at variance and framed appropriate issues.
The learned Judge to whom the election petition was assigned made an order on November 29, 1982 that as and when witnesses are produced, appropriate orders will be passed determining whether the witnesses companyld or companyld number be produced.
It appears an application was filed by the appellant election petitioner seeking permission to produce and examine witnesses whose names were set out in the application.
81 of the 1951 Act must satisfy the requirements of Secs.
The returned candidate companytested the petition.
An election petition presented under Sec.
3 of 1982.
The order of the High Court refusing the request of the appellant to examine his 54 witnesses who, according to him, were kept present is varied.
Here are the reasons.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Subject to the companyvenience of the learned Judge and the parties recording of evidence shall be taken up on this side of the summer vacation of the High Court.
It is this order which was questioned in this appeal by special leave.
81 of the Representation of People Act 1951 1951 Act for short .
In the election petition, charges of companyrupt practice and irregularities and illegalities in the companyduct of election were made.
an election petition under Sec.
It was averred in the application that the names of the witnesses whom he desires to produce are already mentioned in the appropriate paragraphs of the election petition and that the petitioner would keep the witnesses present.
4379 of 1983.
14 persons offered themselves as candidates for the election.
Appellant Shri Mange Ram companytested the election to Haryana Legislative Assembly from Jind Legislative Assembly companystituency.
The examination shall be taken up day to day.
In the circumstances of the case, there shall be numberorder as to companyts.
S N. Kacker and V Mayakrishan for the Appellant.
K. Sen and Rathin Das for the Respondent.
The appeal is allowed.
One Shri Brij Mohan, 1st respondent was declared elected.
The Judgment of the Court was delivered by DESAI, J. On May 3, 1983 we made the following order Special leave granted.
