PATRICK SAVIO MARCELINO ALMEIDA Vs. DEVANAND VASUDEV SHIRODKAR

JUDGEMENT

(1.) HEARD Mr. Menezes, learned Counsel appearing on behalf of the petitioner and Mr. Pereira, learned Senior Counsel appearing on behalf of the respondent no. 1.

(2.) BY this petition, the petitioner has challenged the order dated 13/06/2013 passed by the Administrative Tribunal, Panaji, Goa (Tribunal, for short) in Panchayat Election Petition No. 28 of 2012.

(3.) AFTER the issues were framed in the said Election Petition, the respondent no. 1 filed an application for amendment of the same. By way of amendment, the respondent no. 1 sought to insert paragraphs no. 12(a) to 12(j) after paragraph no. 12 of the petition. Certain Articles of Hague Convention 1961; some Articles of Organic Law No. 2 of 2006; some Articles of Decree Law No. 237A/2006; and certain Articles of Decree Law No. 249 of 1977 were sought to be incorporated in the petition. The respondent no. 1 stated that he has pleaded all the material facts in support of his case in the petition based on which the Court framed issues on 10/10/2012 and that by way of amendment, he only seeks to elaborate and/or amplify the existing pleadings by supplying particulars which would enable the court to appreciate the real controversy involved in the petition. The respondent no. 1 annexed the copies of the Portuguese Gazette along with translation of the Organic Law No. 2/2006, as Annexure -A; the copy of the Portuguese Gazette along with translation of the Decree Law No. 237A/2006, as Annexure -B; the copy of the Portuguese Gazette with translation of the Decree Law No. 249 of 1977, as Annexure -C; the copy of Birth Certificate of the respondent No. 1 issued by Central Registry of Births, Marriage and Deaths of Lisbon with Apostille Certificate issued under Hague Convention, along with translation as Annexure -D; the copy of Certificate of Marriage issued by Central Registration office of Lisbon with Apostille Certificate along with translation, as Annexure -E; the copy of the Certificate of Birth of the father of respondent No. 1 and the Marriage certificate of the parents of respondent No. 1 along with translation as Annexure -F; the copy of the Certificate of Birth of the daughter of respondent no. 1, Snela Margaret obtained from the Central Registry of Births, Marriages and deaths of Lisbon with Apostille Certificate along with translation as Annexure -G; and copies of registration of birth and marriage of said Snela Margaret and of the father of respondent no.1 as Annexure -H colly. The petitioner filed his reply resisting the application, on various grounds.