Sitting CPM MLA Lazar was permitted by the Madras High Court to file in the petition challenging the election of MK Alagiri from the Madurai Parliamentary constituency in the 2009 elections, a certified copy of an FIR alleging that Alagiri had bribed the voters, as an evidence.
Originally, CPM leader P Mohan filed the petition in the Madras High Court challenging the election of Alagiri. During the pendency of the petition, he died. Lazar pursued the election petition with the consent of the High Court. As he was not in possession of the original FIR, he filed a photo-copy of it. As it was objected to by Alagiri, Lazar filed a certified copy of the FIR.
Lazar filed the present petition to accept the certified copy of the FIR as an evidence. Disposing of the petition, Justice V Dhanapalan observed that it was true as per Sec 64 of the Indian Evidence Act documents must be proved by primary evidence. But, it had an exception in Sec 65, which permitted secondary evidence. The provisions of CPC, applicable to the trial of civil suits, could not be made applicable to the trial of election petitions in all force and the said provisions should only be taken as guidelines.
The judge permitted Lazar to substitute the photo copy of the FIR, which was marked at the time of filing of the election petition, with the certified copy.
The judge, however, made it clear that it should be marked only as a secondary evidence, but not as a primary evidence as the petitioner had not produced the original FIR before this court.