BALBIR TYAGI Vs. A DHANWATI CHANDELA

JUDGEMENT

(1.) BY this petition, the petitioner has assailed legality of an order dated 4th October, 2007 whereby the Trial Court allowed an application under Order 6 Rule 17 CPC made by the respondent to amend the Election Petition.

(2.) IN Election Petition, respondent had stated that the petitioner had not maintained true accounts of the election expenses. He had not maintained vouchers and indulged into corrupt practices. In para 7 (a), respondent had specifically stated that the petitioner did not give true accounts of election expenditure to the Election Commissioner while submitting the statement of expenses and spent amount more than what was allowed by the rules. In para 7 (b), he stated that the petitioner appointed polling agents including one Mr. Rajpal in polling station no. 107, ward no. 116 on the day of election and Mr. Rajpal was permanent employee of Municipal Corporation of delhi. The petitioner had circulated the names of the polling agents to the returning Officer booth-wise. The petitioner, thus, indulged into mal-practices and corrupt practices.

(3.) THE respondent sought amendment of the Election Petition so as to add para 7 (c) stating that the petitioner with a view to allure the voters got a full page advertisement published in 'jan Manas Weekly Publication' dated 18-24th March, 2007, 25-31st March, 2007 and 1-6th April, 2007 and paid a sum of rs. 24,000/- for each publication. The publication of advertisement was made at the behest of petitioner who under her own signatures had given instructions to the Editor of Jan Manas Samachar Publication. These expenses incurred at publication and advertisement by the petitioner had not been shown in the statement of expenses incurred on the election.