CHANCHAL GUPTA Vs. RAKHI DHALI

JUDGEMENT

(1.) The petitioner has assailed the order dtd. 9/11/2022 passed by the Sub Divisional Officer, Revenue, Shahpur District Betul, whereby learned Sub Divisional Officer allowed the application filed under Order 6 Rule 17 of the CPC and permitted the respondent to carry out the amendment in the appeal preferred by the respondent under Sec. 91 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'Act, 1993').

(2.) The short facts of the case are that the petitioner and the respondent contested for the post of Panch for Ward No.16 of Gram Panchayat, Chopana, District- Betul. On 14/7/2022, Returning Officer declared the petitioner as elected and issued a certificate in favour of the petitioner. Being aggrieved by the election of the petitioner, the respondent filed an appeal under Sec. 91 of the Act, 1993 assailing the certificate dtd. 14/7/2022 before the Sub Divisional Officer, Shahpur on 21/7/2022. After appearance, petitioner raised an objection regarding the maintainability of the appeal under Sec. 91 of the Act, 1993 and consequently, an application was moved on behalf of the respondent on 30/8/2022 under Order 6 Rule 17 of the CPC for correcting the cause title of the appeal by inserting the words 'election petition' in place of 'appeal' and mentioning 'Sec. 122' in place of 'Sec. 91 of the Act,1993' as well as replacing the word 'appellant' by 'petitioner' and 'non-appellant' by 'respondent'. The application was opposed by petitioner on the ground that the proposed amendment will change the nature of the lis and an appeal filed under Sec. 91 of the Act, 1993 cannot be converted into an election petition under Sec. 122 of the Act. Learned Sub Divisional Officer by order dtd. 9/11/2022 allowed the application filed under Order 6 Rule 17 of the CPC considering the explanation given by the respondent that the mistake occurred due to typographical error and inadvertence. Being aggrieved by the order of allowing the application under Order 6 Rule 17 of the CPC by which the permission was granted to convert the appeal filed under Sec. 91 of the Act, 1993 into an election petition under Sec. 122 of the Act, 1993, the present petition has been preferred.

(3.) With the consent of parties, the matter is heard finally for the purpose of final disposal of the petition.