A plea from Communist Party of India (Marxist) (CPM) leader A Lazar, who challenged the election of MK Alagiri from the Madurai Parliamentary constituency, to reopen the evidence of a court witness in the case, was rejected by the Madras High Court on August 30.
The legislature had intended for expedition of the trial and disposal of any election petition within six months. The present election petition, having been of the year 2009 and the tenure of the 15th Lok Sabha coming to an end within a few months, to achieve the very object of the provisions of the Representation of the People Act, this court had taken all endeavours to dispose of the matter at the earliest by granting necessary periodical adjournments. It has brought the petition to the final stage of trial.
In the given situation, if the application of Lazar was allowed and the witness was recalled as prayed for, it would only defeat the very object and scheme of the Act and the principle enunciated by the Supreme Court in a catena of decisions. Moreover, Alagiri was ready to proceed with and conclude the matter. When that be so, it was unfortunate for Lazar to come with this application to reopen the evidence.
“Therefore, in the opinion of this court, this application to recall and reopen the evidence of court witness-1 and to mark the documents,could not be maintained at this belated stage of conclusion of trial,” Justice V Dhanapalan said and dismissed the application.