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Judgment
V.G. Sabhahit, J.—Heard the learned Sr. counsel appearing for the Petitioner and learned Sr. counsel appearing for the contesting first Respondent who is a declared candidate in this case and whose election is challenged.
This application is filed under Rule 93 of the Conduct of Election Rules for securing the records as mentioned in the application as it is averred in the affidavit filed in support of the application that the said documents may he necessary for perusal of this Court.
The application is objected by the first Respondent by filing statement of objections contending that only this Court after hearing the parties, as the evidence is already over, can order inspection only if prima facie case is made out and this Court comes to the conclusion, after hearing the final arguments, that inspection is to he permitted.
In view of the above, at this stage it is not necessary to go into the details of the submissions of learned Counsel for the parties as the Sr. Counsel appearing for the first Respondent has no objection for securing the records without passing any order for inspection at this stage.
It is submitted that the records that are sought for, are in the custody of the Deputy Commissioner/District Election Officer, Karwar, Uttara Kannada District.
Accordingly, this application is allowed. The records shall be produced by the Deputy Commissioner/District Election Officer, Karwar, Uttara Kannada District and shall be kept in safe custody by the Registrar General and shall be placed before this Court whenever ordered.
Issue notice to the Deputy Commissioner/ District Election Officer, Karwar, Uttara Kannada District to produce the documents as sought in the application in a sealed cover before the Registrar General on or before 27-1-2011 failing which the Deputy Commissioner/District Election Officer shall be present before this Court to explain as to why action should not be taken against him for disobeying the order of this Court.
For arguments, call on 28-1-2011. If the documents are produced on or before 27-1-2011 before the Registrar General and are kept in sale custody, it is unnecessary for the Deputy Commissioner/District Election Officer to be present before this Court on 28-1-2011.