AMBANNA HANUMAPPA NAIK Vs. SHARNAPPA

JUDGEMENT

(1.) This is an application by the Election Petitioner seeking for an amendment of the petition, filed pursuant to Sub-section (5) of Section 86 of the Representation of the People Act, 1951 (R.P. Act). The amendments sought almost wholly relate to facts and particulars pertaining to corrupt practices alleged against the first respondent.

(2.) It is necessary to set out some facts relating to the institution of the petition and the subsequent stages of the proceedings upto the date of the presentation of the application I. A. II, as the same would be relevant for the determination of the questions of delay and want of bona fides concerned with an application for amendment.

(3.) The Election Petition in question has been presented on 25-4-1972, when the Court was in recess on account of the long vacation. But it is to be noted that the Notification issued by the Chief Justice had specifically made provision for receiving Election Petitions, among other matters. The date, 29-5-1972, had been fixed for the appearance of the respondents. On that day counsel for respondents 1 and 4 only entered appearance, and respondents 2 and 3 were placed ex parte. On 19-6-1972, the written statements of the respondents were filed. On 10-7-1972 issues were framed and the case was posted to 24-7-1972 for arguments on the issues treated as preliminary. On that day, during the course of the arguments, the learned counsel for the petitioner presented an application, I. A. No. I, seeking permission to 'amend and amplify* the particulars of corrupt practices alleged in the petition. But, no amendment application as such had been produced. Hence, the arguments on preliminary issues were concluded and the case was posted for orders on such issues, along with the said I. A. No. I, to 4-8-1972. The present application came to be filed on 27-7-1972, within 93 days from the date of institution of the Election Petition.