The Supreme Court on Tuesday declined to interfere with a judgment of the Madras High Court refusing to recall the Returning Officer as a witness to adduce evidence in the election petition against former Union Minister M.K. Alagiri filed by P.A. Mohan through legal representative A. Lazar.
A Bench of Justices R.M. Lodha and Kurian Joseph, after hearing senior counsel Guru Krishna Kumar and counsel Balaji Srinivasan appearing for Mr. Lazar, dismissed the special leave petition against the High Court judgment.
In a brief order, the Bench said “Needless to say that the dismissal of special leave petition shall not be an impediment in challenging the impugned order in the appeal if the election petition is ultimately dismissed and the matter is carried to this court.”
In the election petition pending in the High Court, Mr. Lazar prayed for marking/exhibiting of documents already on record by the court’s witness, which were vital for adjudication of the petition by recalling the witness. However, the High Court rejected the plea holding that exhibiting the documents would require elaborate evidence and would delay the adjudication of the matter.
The appellant assailing the judgment said the documents were vital and required for prosecution of the case and the High Court had committed an error by rejecting his plea to recall the witness.
He prayed for quashing the judgment.
