- (1.) ORDER :- This order will dispose of the application for amendment of the Election Petition presented by the petitioners today, reply whereof has already been filed.
(2.) The application for amendment was presented as objections were raised at the time of recording of the examination-in-chief of the petitioner Bhom Raj yesterday and so, time was sought for submission of the application for amendment. The petitioners have sought amendment in the heading of Cols. 2, 4 and 5 of Sch. I annexed with the petition. Besides that, the words "to the voters" are sought to be added after the words "polling stations" occurring in para 11 of the Election Petition.
(3.) I may extract the relevant paras 11 and 12 for the proper understanding of the amendments, which are being sought by the petitioners. Paras 11 and 12 of the Election Petition are reproduced hereunder :- "11. That Anns. 1 and 2 were widely distributed published in the entire Constituency on the night intervening 4th and 5th March 1985 as well as while the polling was in progress and particularly near the polling stations. The publication of Annx.-1 and 2 was done by the respondent himself, his election agent Shri Dayendra Singh as well as his agents/workers with the consent of We respondent or his election agent. Some of the instances of the publication with full particulars relating to the time, date, place and the persons responsible for the distribution as well as the persons to whom the same were distributed are set out in Schedule 'I' annexed to the petition. 12. That the respondent, his election agent Shri Davendre Singh and his agents/workers for the respondent with the consent of the respondent or his election agent published Annx.-1 and 2 containing defamatory statements which are false and were believed to be false by them and which were not believed to be true in relation to the personal character and conduct of Smt Kanta Khaturia and the aforesaid statements were reasonably calculated to prejudice the prospects of her election." Para 11 makes reference to the Schedule 'I'. The Schedule gives the details of distribution of pamphlets Annx.-1 and Newspaper Annx.- 2. The heading and sub-heading of the Schedule 'K' as they exist at present are as under :- "SCHEDULE 'I' Details of Distribution of Pamphlets and Newspaper 'Kranti Bigul' JUDGEMENT_24_AIR(RAJ)_1987Html1.htm;