RAM ABHILAKH TEWARI Vs. ELECTION TRIBUNAL GONDA

JUDGEMENT

(1.) Ram Abhilakh Tewari has filed this petition under Article 228 of the Constitution praying for the issue of a writ of certiorari quashing the orders of the Election Tribunal, Gonda, dated 28-10-1957, 28-11-1957 and 6-12-1957 passed during the trial of an election petition. The present petitioner Ram Abhilakh Tewari was declared as the returned candidate on 18-3-1957. Opposite-party No. 2 Naurang Singh presented an election, petition to the Election Commission on 1-5-1957- The Commission referred the petition for trial to the Election Tribunal at Gonda fixing 15-7-1957 as the date for parties, to appear before the Tribunal. Certain proceedings were taken by the Tribunal on the election petition and then on 8-10-57 an application, for amendment of the election petition was presented by opposite-party No. 2 who was the election petitioner. By this amendment application the pleadings in paragraph 4(D) of the petition were sought to be amended. On this amendment applications arguments were heard on 21-10-1957 and then by the order dated 28-10-1957 the amended application was allowed. This is one of the orders impugned in the present petition.

(2.) Objection had also been taken before the Tribunal that the pleadings in paragraphs 4(A) to 4(G) of the petition were general and vague and not in accordance with the requirements of law. These objections were heard on 20th and 21st November, 1957, and then by the order of 28-11-1957, it was held that the pleadings, were proper and correct except that a few defects existed in some of the paragraphs which needed to be rectified. For that purpose, the Tribunal granted time to opposite-party No. 2 to put in an application, for amendment by 2-12-1957. This is the second order that is impugned in this petition.

(3.) The third order that is impugned in this petition is the order of 6-12-1957 which was passed on the amendment application presented by opposite party No. 2 in pursuance of the order of 28-11-1957. By this order of 6-12-1957 that amendment application was allowed.