K D DESHMUKH Vs. AMRITLAL JAYASWAL

JUDGEMENT

(1.) - This Appeal by special leave is directed against the order of the Madhya Pradesh High Court dated 4-4-1991. The parties filed nomination papers for election to Legislative Assembly Madhya Pradesh for Constituency No. 180 Waraseoni, District Balaghat (Madhya Pradesh). 3rd February, 1990 was the date for filing nomination papers and 5th February, 90 for scrutiny. Election was held on 27th February, 1990 and the appellant before us was declared elected on 28th February, 1990.

(2.) The respondent having lost in the election by a margin of 1476 votes filed an election petition on 12th April, 1990. The petition was filed under S. 100(1)(c) of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act'). The only ground taken in the election petition was that the nomination papers of 3 candidates were wrongly rejected by the Returning Officer. During the proceedings of the election petition statement of Returning Officer Shri S. R. Mohanti was recorded on 6th March, 1991 and the Returning Officer in his cross-examination made the following statement.

(3.) The respondent who had filed the election petition then submitted an application for amendment in the original election petition to add a ground that the oath administered to the appellant was not in proper form. This amendment application submitted on 8th March, 1991 was allowed by the High Court by the impugned order dated 4th April, 1991. The appellant took time on 5th April, 1991 to file the amended written statement.