The High Court disposed of a writ challenge to an order refusing to amend a written statement in an election petition. Noting the lower court left maintainability open, the High Court declined interference under general principles.
The writ application is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15853 of 2013
====================================================== 1. Deoraj Prasad Son Of Late Anaras Prasad Resident Of Village And P.O. Badlu Tola, Police Station- Chapra Mufassil, District- Saran (Chapra) .... .... Petitioner Versus 1. Kanti Devi Wife Of Ram Ayodhya Prasad Resident Of Village And P.O. Badlu Tola, Police Station- Chapra Mufassil, District- Saran (Chapra) 2. The State Election Commissioner, Bihar, Patna 3. The District Election Officer, Saran Cum Collector, Saran 4. The Election Officer Cum Block Development Officer, Chapra Sadar, District Saran 5. The Assistant Election Officer, Chapra Sadar, District- Saran 6. Jaipal Sharma Son Of Jagdish Sharma Resident Of Village Itahiyan, P.O. Amar Chapra, Police Station Chapra Mufassil, District Saran (Chapra) 7. Jitendra Kumar Rai Son Of Yogendra Rai Resident Of Village Batani, P.O. Badlu Tola, Police Station- Chapra Mufassil, District- Saran (Chapra) 8. Manju Devi Wife Of Krishna Mahto Resident Of Village Suri Chapra, P.O. Musehari, Police Station- Chapra Mufassil, District- Saran (Chapra) 9. Manoj Sharma Son Of Ram Naresh Sharma Resident Of Village Marahiyan, P.O. Musehari, Police Station- Chapra Mufassil, District- Saran (Chapra) 10. Wakil Sah Son Of Sheo Pujan Sah Resident Of Village Raja Chapra, P.O. Badlu Tola, Police Station- Chapra Mufassil, District- Saran (Chapra) 11. Sita Devi Wife Of Tapeshwar Rai Resident Of Village Batani, P.O. Badlu Tola, Police Station- Chapra Mufassil, District- Saran (Chapra) .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Bashishtha Narayan Mishra Mr. Birj Kishore Mishra Mr. Sachidanand Rai For the Respondent No.2 : Mr. Amit Shrivastava Mr. Sanjeev Nikesh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 24-09-2013 Heard learned counsel for the petitioner and learned counsel appearing on behalf of respondent No.2. The petitioner is aggrieved by an order dated 16.07.2013 passed by learned Munsif-II, Saran at Chapra in
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Election Petition No. 10/2011 whereby the petition filed by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure has been dismissed.
The petitioner is elected Mukhiya of Gram Panchayat, Badlu Tola in the district of Saran. The election of the said post was held in the year 2011 and questioning his election, respondent No.1 filed Election Petition No. 10/2011 under section 137 of the Panchayat Raj Act, 2006. The petitioner filed his written statement. After the plaintiff’s witnesses were examined, the petitioner filed an application for amending the written statement to the effect that Election Petition filed by Kanti Devi itself was not maintainable as there is no name of Kanti Devi in the Voters’ list.
It has been submitted on behalf of the petitioner that the amendment was essential for determining the real controversy in issue as name of respondent No.1 not being in the Voters’ list and, in the absence of her name, respondent No.1 could not maintain the said Election Petition.
From the impugned order, it appears that the court below while refusing to entertain the petitioner’s application for amendment observed that the court shall consider the question of proposed amendment at the time of final hearing. It is, thus, open
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to the petitioner to raise the question of maintainability of Election Petition before the court below, in terms of order dated 16.07.2013.
This court will, normally, not interfere with interim orders passed in election petitions. In this case, since the court below has left it open to question the maintainability of Election Petition, I do not find any reason to interfere with the impugned order.
This writ application is, accordingly, disposed of.
(Chakradhari Sharan Singh, J)
BKS/-
2 issues framed by the court
Whether the High Court should interfere with the order of the learned Munsif-II leaving open the question of maintainability of the election petition.
Whether an election does not dispose of an election petition is it maintainable if the candidate is not in the voters list?
Deoraj Prasad
Kanti Devi
State Election Commissioner, Bihar
District Election Officer, Saran
Election Officer Cum Block Development Officer, Chapra Sadar
Assistant Election Officer, Chapra Sadar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
