Ritu Raj Awasthi, J. - (1.) Notice on behalf of opposite party nos.1 and 2 has been accepted by the learned Chief Standing Counsel and Mr.D.S.Yadav, Advocate has put in appearance on behalf of opposite party no. 6.
(2.) The writ petition has been filed challenging the order dated 7.2.2017 whereby the objection to the amendment application preferred by the petitioner has been rejected and the amendment application has been allowed.
(3.) As per the given facts in brief, the petitioner was elected as village Pradhan, Gaon Sabha Dharmkunda, Development Block Shivpur, District Bahraich in the year 2015. The respondent no. 6/Dasrath Yadav had also filed his nomination in the said election and after being unsuccessful had challenged the election of petitioner by filing election petition under Section 12-C of U.P. Panchayat Raj Act and the same is pending before the opposite party no.2/Sub Divisional Officer, Tehsil Mahsi, District Bahraich. In the said election petition the opposite party no. 6 had preferred an application for amendment in the pleadings. The petitioner had filed the objections about the maintainability of the amendment application, basically on the ground that the amendment application does not contain due verification of the averments made therein and as such is violative of Order 6, Rule 15 C.P.C. It was submitted that the amendment application being not maintainable is liable to be rejected. The prescribed authority by the impugned order has rejected the said objection preferred by the petitioner and has allowed the amendment application.;