CHUNNILAL KEN BUDHA RAM Vs. SHRI RADHACHARAN BALDEO PRASAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution against an order dated 30-9-1957 passed by the Election Tribunal, Gwalior, in Election Petition No. 433 of 1957. By this order the Election Tribunal decided six preliminary issues. Issues nos. 5 and 6 arc subject of the impugned decision. They are as follows:

(2.) IT is contended that after the amendment of the Representation of the People act in 1956 the Election Tribunal cannot order better particulars and cannot strike off pleadings. All that it can do is to declare that the particulars arc vague and indefinite and cannot be tried. On such a declaration the election petitioner can, if so advised, apply for amendment.

(3.) THE matter is covered by a decision of this Court in Hari Vishnu Kamath v. Election Tribunal, Jabalpur, 1958 Jab LJ 1: (AIR 1958 Madh-Pra. 168) (A ). There the decision was that the Tribunal does not now possess the power to order better particulars. It can only either consider an application for amendment if one was made or refuse to try a matter which does not raise a precise issue. The order in question does no more -- whether it is right or wrong on merits is not a matter we can go into at this stage. That is a matter for appeal. No question of acting without jurisdiction is involved, and the powers under Articles 226 or 227 of the Constitution cannot be exercised in such a case.