Representation of People Act, 1951  - Election petition

Election Rules, 1961 - Rule 42 - Election petition - Allegations of casting votes by imposters at various booths - Application by petitioner to summon marked copies of the electoral rolls; register of voters and list of tendered votes - Tendered votes not in the pleadings of either party nor any issue framed in respect of those tendered votes - Application rejected by High Court on the ground that it was not permissible to lead any evidence on the fact which is not in issue - Out of 10 tendered votes, 4 tendered votes not relied upon by petitioner nor entered in the list of document - Petitioner pleading that result of election stood materially affected because of improper receiving the six tendered votes - Petitioner cannot be permitted to lead evidence on the fact which is not in issue - No cogent reason to interfere with order of High Court - Appeal dismissed.

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