KALYAN SINGH CHOUHAN versus C.P. JOSHI

KALYAN SINGH CHOUHAN versus C.P. JOSHI

The High Court correctly refused to summon four unpleaded tendered votes because the election petition and the written statement limited the controversy to six tendered votes; a party cannot be permitted to lead evidence on facts not in issue and the conditions for permitting a recount of additional unpleaded votes were not satisfied.

Parties
Appellant: Kalyan Singh Chouhan; Respondent: C.P. Joshi
Jurisdiction
India
Judgment Date
24 January 2011
Procedural Posture
Civil Appeal / On Appeal From Judgment and Order Dated 24.05.2010 of the High Court of Judicature for Rajasthan at Jodhpur in S.s. Election Petition No. 1 of 2009
Outcome
Appeal dismissed.
Legal Topics
Tendered Votes, Pleadings and Issues, Recounting, Recrimination Petition, Trial Procedure in Election Petitions
Election Law Civil Procedure Tendered Votes Pleadings and Issues Recounting Recrimination Petition Trial Procedure in Election Petitions

Case Brief

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Parties

Kalyan Singh Chouhan

Appellant

C.P. Joshi

Respondent

Procedural Posture

Civil Appeal / On Appeal From Judgment and Order Dated 24.05.2010 of the High Court of Judicature for Rajasthan at Jodhpur in S.s. Election Petition No. 1 of 2009

Legal Issues

  1. 1 Whether all tendered votes must be summoned and counted where margin is one vote
  2. 2 Whether procedure in the Code of Civil Procedure applies in its entirety to trial of an election petition
  3. 3 Whether a party can lead evidence on facts not pleaded or on matters not in issue

Ratio Decidendi

The High Court correctly refused to summon four unpleaded tendered votes because the election petition and the written statement limited the controversy to six tendered votes; a party cannot be permitted to lead evidence on facts not in issue and the conditions for permitting a recount of additional unpleaded votes were not satisfied.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • Impugned High Court order dated 24.05.2010 refusing I.A. No. 6839 of 2010 to summon certain tendered votes is upheld.