- (1.) This writ petition is directed against an order allowing an application for amendment of the Election Petition. The election Petition was filed questioning the election of the returned candidate mainly on the three grounds: 1. Some votes were polled in his favour in the name of some dead persons; 2. Some votes were polled in the names of some persons who were absentees and who ceased to be residents of the village concerned; 3. Double voting in more than one constituency by the same persons.
(2.) Originally in the election petition the names of some persons who voted under those three categories were mentioned. The trial of the election petition commenced in February, 1996. After about 50 witnesses were already examined the instant application for amendment was filed seeking to introduce by way of amendment the names of some more persons who allegedly voted under those three categories- The application was resisted by the returned candidate on the ground that the petitioner cannot be permitted to plead new facts introducing a new cause of action after the expiry of the period of limitation for filing the election petition. It was also contended that on an earlier occasion when an application was filed by the contesting respondent seeking better particulars the said application was opposed by the election petitioner on the ground that all the material particulars were already given in the election petition and there was no need to give any further particulars and accordingly that application was dismissed. In view of the stand taken by the election petitioner at that time he is now precluded from pleading any further facts by way of the proposed amendment.
(3.) The lower Court, however, allowed the application for amendment observing that the power of amendment is wide enough to permit the amendment sought for and that the proposed amendment does not introduce any new cause of action as the petitioner seeks only to add some more, instances of the same corrupt practices, which were already pleaded in the election petition.;