(1.) THE petitioner has called into question the orders, dated 6.8.2011 (Annexure -E) allowing I.A. No. 1 for amendment and the order, dated 6.8.2011 (Annexure -F) passed on I.A. Nos. 3 and 4 calling for summoning the ballot papers of the elections held to Kalledevarapura Grama Panchayath and for recounting them.
(2.) THE facts of the case in brief are that the petitioner and the respondent No. 3 sought the election from Bennehalli constituency of Kalledevarapura Grama Panchayath, Jagalur Taluk. The elections took place on 8.5.2010. Both the petitioner and the respondent No. 3 belong to the category of General Woman [G(W)]. The petitioner was declared elected in the said election. Alleging the irregularities and unfairness in the counting of the ballot papers, the respondent No. 3 filed Election Petition No. 3/2010 in the Court of the Civil Judge (Jr. Dn.) JMFC, Jagalur. In the said proceedings, the respondent No. 3 filed I.A. No. l for correcting certain errors, which have crept into the description of the respondent No. 2. Instead of correctly showing the name of Grama Panchayath as 'Kalledevarapura ™, it was shown as 'Hiremallanahole ™. The Returning Officer ™s address was shown as 'Office of the Tahasildar, Jagalur instead of correctly showing it as Taluk Panchayath. Jagalur ™. The Civil Judge, by his order, dated 6.8.2011 allowed the said I.A.
(3.) SRI M.Rajashekar, the learned counsel for the petitioner submits that the election petition has to be filed within 30 days from the date of the declaration of the result of the returned candidate. He submits that the date of declaration of the result of the election was on 17.5.2010 and that the election petition was filed on 15.6.2010. Any application for the amendment can be filed only within one month from 17.5.2010. In the instant case, the application for amendment is filed on 3.8.2010, beyond the period of limitation prescribed for filing the election petition.