NIWAS Vs. ELECTION TRIBUNAL AT LUCKNOW

JUDGEMENT

(1.) THIS petition for a writ of certiorari, prohibition or any of her appropriate writ is directed against the Election Tribunal of Lucknow and the members thereof and also some other persons.

(2.) IT appears that in the bye-election to the U. P. Legislative Assembly, Budaun. North constituency, the petitioner was elected a member of the U. P. Legislative Assembly. An election petition was thereafter instituted before the Election Tribunal for the setting aside of the election on various grounds mentioned in the application made before the Tribunal. After the application came up for hearing, the petitioner made an application for the amendment of the lists and paragraph 4 (a) of the election petition. The main ground on which amendment was asked for was that some matters had been left vague and some particulars had not been given. The Election Tribunal ordered the petitioner to furnish better particulars and to make his allegations definite in certain matters and the petition for amendment which followed was allowed. The effect of the amendment was that paragraph 4 (a) of the election petition was ordered to be amended by the addition of the words "by respondent No. 1 and his agents and workers mentioned in list A", after the words "to vote" in the second line of para. 4 and before the words "on the ground of". There were certain other amendments which were ordered to be made in the lists appended to the election petition.

(3.) THE application for amendment was opposed on behalf of Pandit Sri Niwas, the successful candidate, on the ground that the amendment could not be made under the provisions of the representation of the People Act but this contention of Sri Niwas was not allowed and the amendment was ordered on 16-2-1954. On 26-4-1954, Sri Niwas then presented this petition asking for the issue of a writ of certiorari and certain other reliefs mentioned in the petition for writ.