JUDGMENT 1. - Instant petition is directed against the order of the Election Tribunal dated 07.12.2011 rejecting application filed by the petitioner dated 02.12.2011 U/Ord.8 R.1 CPC seeking to place certain documents on record at the stage after the matter riped for hearing. 2. The petitioner and respondent-2 both were the candidates in the election held for the post of Sarpanch, Gram Panchayat Bhandara, Panchayat Samiti Kaman, District Bharatpur and the petitioner was elected as Sarpanch on 22.01.2010. The respondent being the defeated candidate filed election petition before the Election Tribunal and one of the basic ground which he raised in the election petition was regarding pre-disqualification of having more than two children on the last cut off date referred to in Section 19(L) of the Raj. Panchayati Raj Act,1994. After the copy of election petition being served upon the petitioner written statement came to be filed somewhere in February,2010 and after evidence of the election petitioner and partially of the defendant petitioner being recorded obviously placing documents on record to justify regarding his last fifth child which according to him as alleged born prior to cut off date and at that stage application came to be filed by the petitioner U/Ord. 8 R.1 CPC on 02.12.2011 for taking certain documents on record which he obtained on 18.11.2011 from private educational institution to justify that his last and fifth child was born on 10.02.1994 and that being so permission could have been granted to take the documents on record. 3. The learned Election Tribunal taking note of the submissions made observed that petitioner was in possession of the record regarding date of birth of his own child and what was available which the petitioner placed on record along with the written statement, still at a later stage the document has been obtained from private educational institution on 18.11.2011 which he wanted to place on record to further strengthen his case that his fifth child was born prior to last cut off date as referred to in Section 19 (L) of the Act.
However, the Election Tribunal while examining the veracity of the document further observed regarding the fact that it was not signed and there is no dispatch number over the document and there are certain erasions, however, did not consider it appropriate to permit the petitioner to place the document on record at such a belated stage as the matter has finally ripen for hearing. 4. Counsel for petitioner vehemently contends that the learned Tribunal has exceeded its jurisdiction while examining the veracity of document and that could not have been examined at this stage unless being taken on record and so far as relevancy of the document is concerned, counsel submits that since dispute has been raised in the election petition primarily regarding of more than two children born after the cut off date, the documents which he intends to place on record has direct bearing on the issue for adjudication and that being so it could be taken on record even at a later stage or when the matter has ripen for hearing U/Ord. 8 R.1 CPC and that being so it is apparent manifest error committed by the Tribunal rejecting the application filed by the petitioner U/Ord. 8 R.1 CPC vide order dated 07.12.2011. 5. The submission made is bereft of merit for the reason that election petition was filed in the month of February,2010 and immediately after the notice being served written statement came to be filed by the petitioner and certain document were also annexed upon which he wants to place reliance to show that his fifth child has born prior to cut off date obviously in his defence and after evidence was recorded and the matter ripen for hearing at this stage application came to be filed by the petitioner on 02.12.2011 U/Ord. 8 R.1 CPC for taking document on record issued from private educational institution in November,2011, that certainly could not be permitted and it was always open for the petitioner to obtain a document from school records if at all required at the stage when the written statement came to be filed by him and this Court does not find any manifest apparent error being committed by the Election Tribunal under the order impugned rejecting application filed by the petitioner at such a belated stage after the matter ripen for hearing. 6.
6. So far as the submission made regarding observation made by the learned Election Tribunal in regard to the document which the petitioner intends to take on record suffice it to say that it is mere an observation made regarding relevancy of the document which came to be issued on 18.11.2011 much after the evidence of the parties being recorded but it is otherwise not going to cause any prejudice to the petitioner when the matter being adjudicated in the pending election petition. 7. This Court finds that matters of election petitions are being deferred by the elected candidate for one or the other reason without any cogent reasons and considers it appropriate to observe that Election Tribunal may expedite the hearing of the pending election petition. 8. Consequently, the petition stands dismissed. The Election Tribunal is directed to expedite the hearing of the election petition in accordance with law. A copy of this order may be sent to the Election Tribunal for necessary compliance.Petition dismissed. *******