- (1.) THIS is a very simple matter.
(2.) AN election petition was filed on 10-6-1952 and in that petition certain allegations were made in paragraph 7c the first portion of which alone need be quoted: "that the respondents Nos. 1 and 2 could in furtherance of their election enlist the support of certain government servants. " The rest of the paragraph deals with two incidents of 16th December and 27th December, 1951, with which we are not concerned.
(3.) ON 27-2-1953, the petitioners filed an application for amendment in which the relevant prayer was as follows: "therefore the petitioners pray that under Section 83 (3) he be allowed to amend the details of para. 7c by adding the words 'village headman' with their names and the fact that they worked and issued appeal and subsequently they became polling agents of respondents Nos. 1 and 2 and for this the petitioners shall ever feel grateful. " This application was granted by an order dated 28-11-1953, by the majority, the advocate member and the Chairman agreeing to the amendment, while the third member was of the opinion that the amendment application should be rejected. The advocate member held that the amendment sought amounted to furnishing further particulars and such an amendment could be allowed under Section 83 (3), Representation of the People Act, 1951. In the alternative he held that even if the amend-ment went beyond furnishing other and further particulars, the application could be granted under Order 6, Rule 17, Civil P. C. The Chairman did not express any definite opinion but held that the petition could be granted as it came either under one provision or the other. The third member, however, held that the petition -could not be granted either under section 83 (3) of the Act, as by it certain new grounds were being introduced, or under Order 6, rule 17, Civil P. C.;