TMI Blog1963 (2) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions of Mr. Anandam or Mr. M. Ataur Rahman but only with that of the respondent Seetharam Reddy. The appellant challenges the decision of the High Court mainly on the ground that in reaching its conclusion on 'the vital question of the age of Seetharam Reddy on the date of election the High Court took into consideration evidence which was not legally available for such consideration. Though a large number of objections were raised in the petition to contest the validity of Seetharam Reddy's election, only four of them were ultimately pressed before the Election Tribunal, viz., (1) That Seetharam Reddy was disqualified to be chosen to fill a seat in the Legislative Council under Art. 173 (b) of the Constitution his age being below 30 years on the relevant date; (2) That the election was vitiated by undue influence exercised on the voters by some Ministers of the State of Andhra Pradesh ; (3) That the secrecy of the ballot was not maintained, and (4) That the election was void on account of improper deletion of names of voters in the final list. All these objections were rejected by the Election Tribunal which accordingly dismissed the petition. On appeal, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given as 19 years. Exhibit R- 13 was the notice issued to Seetharam Reddy in those proceedings. The Tribunal was of opinion that the genuineness of these documents, Exhibits R-3, R-10 and R-13, could not be q questioned and it was clear that the respondent was treated as a major in the proceedings before the judicial Committee from and after 1356 Fasli. That showed, according to the Tribunal, that he was not less than 30 years of age on the date of election or nomination. The High Court also came to the same conclusion on this issue as regards Seetharam Reddy's age. In coming to this conclusion it has relied not only on the wakalatnama Ex. R- 3 mentioned above but also on four other documents, viz., Exs. R-5 and R-6, which the Tribunal rejected as unreliable and Exs. R-19 and R-20 which were not tendered in evidence before the Tribunal but came before the High Court as additional evidence. The appellant contends that the High Court acted without jurisdiction in admitting additional evidence. We are clearly of opinion that even if it was found that the High Court erred in taking the additional evidence that would not be a case of lack of jurisdiction but would be an er ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 28 Manmohan Das v. Mutsammat Ramdei (1931) 35 C.W.N, 925.. It is very much to be desired that the courts of appeal should not overlook the provisions of cl. (2) of the Rule and should record their reasons for admitting additional evidence. We are not prepared, however, to accept the contention of the appellant that the omission to record the reason vitiates the admission of the evidence. Clearly, the object of the provision is to keep a clear record of what weighed with the appellate court in allowing the additional evidence to be produced-whether this was done on the ground (i) that the court appealed from had refused to admit evidence which ought to have been admitted, or (ii) it allowed it because it required it to enable it to pronounce judgment in the appeal or (iii) it allowed this for any other substantial cause. Where a further appeal lies from the decision of the appellate court such recording of the reasons is necessary and useful also to the court of further appeal for deciding whether the discretion under the rule has been judicially exercised by the court below. The omission to record the reason must therefore be treated as a serious defect. Even so, we a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs had been summoned along with the other documents by the appellant, Venkataramiah, and were actually produced before the Election Tribunal by the Head Master and further that these had been transmitted to the High Court along with the records of the case. It was stated that these documents had an important bearing upon the case and were required to be looked into to arrive at a just and correct conclusion in regard to Issue No. 1. On the following date i. e., of July 21, the appellant Venkataramiah put in his counter- affidavit objecting to the respondent's prayer and in para, 6 of this counter affidavit we find the following statement :- In the circumstances it is submitted that the provisions of Or. 41 Rule 27 C. P. C., are not complied with. It was not offered as evidence before the Tribunal. Admittedly it was available at the time of the trial and it is not the case of the petitioner that notwithstanding exercise of due diligence., was not within his knowledge or could not be produced by him at the time when the decision was pronounced by the Tribunal. It is not in the interest ofjustice nor it is necessary to enable this Court to pronounce judgment to admit them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent Muslim High School, Kurnool, and also examined R.W.10, the Head Master of the same school for the years 1936 to 1945. The Register of Admissions and Withdrawals relating to the School from 7-7-1919 to 15-1- 1938 is marked as exhibit R-19 and the register from 30-6- 1926 to 14-2-1949 is marked as Exhibit R-20. The entries in the two registers relating to the 1st respondent are Exhibits R-21 and R-24. In view of what the High Court has stated in this passage it is not possible to say that the High Court made the order for admission of additional evidence without applying its mind. It seems clear that the High Court thought, on a consideration of the evidence, in the light of the arguments that had been addressed already before it that it would assist them to arrive at the truth on the question of Seetharam Reddy's age if the entries in the admission registers of the School were made available. It was vehemently urged by the learned Counsel for the appellant that there was such a volume of evidence before the High Court that it could not be seriously suggested that the Court required any additional evidence to enable it to pronounce judgment . The requirement, it has to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The contention that the decision of the High Court on the question of the respondent's age was vitiated by reason of it being based on inadmissible evidence, must therefore fail. Another difficulty in the appellant's way may also be mentioned. As has been said above, the appellant did file before the High Court a petition objecting to the reception of additional evidence. We find it stated however in the High Court's order refusing the application for a certificate under Art . 133 (1)(c) of the Constitution that no objection that the requirements of Or. 41 r. 27. C.P.C., were not satisfied, was raised either at the time when the court directed the Tribunal to record the statements or at the time of the hearing of the appeal. This order was passed by the learned Chief justice and Mr. justice Chandrasekhara Sastry, who had made the order allowing admission of additional evidence and also heard the appeal. We are bound to hold therefore that though the appellant did make an application objecting to the admission of additional evidence he did-not press that application. On the principle laid down in Jagarnath Pershad v. Hanumam Pershad (1909) L.R. 36 I.A. 221, that when ..... X X X X Extracts X X X X X X X X Extracts X X X X
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