JAMUNA PRASAD SINGH Vs. SHRI RAMNIVAS

JUDGEMENT

(1.) THIS is an appeal under Section 116-A read with Section 98 of the representation of the People Act against the decision of the Election Tribunal, morena, in Election Petition No. 247 of 1957 decided on 31 March 1958. The petition was filed by the present appellant Jamuna Prasad Singly who was an elector in the constituency. The election relates to the Legislative Assembly of the state from the Ambah single-member constituency. As many as 7 candidates contested the election, and the first respondent Shri Ramnivas was returned as elected.

(2.) IN his petition the present appellant set out a number of grounds which were all decided against him with the result that the election petition was ordered to be dismissed. In this appeal the findings on most of the major points have been challenged before us, but the discussion of the election appeal can be dealt with under 14 distinct heads. In addition to the corrupt practices which were alleged against the returned candidate and others, there are matters of a procedural character, which are also included. We need not try to separate the two because the sequel will show our decision both on the procedural aspect of the case and on merits.

(3.) I. By an order dated the 24th September 1957, issue No. 18 which was framed in the case was disallowed. Previous to this an application had been made on the 5th August 1957 for the amendment of an averment on which the issue was based. The application for amendment itself was dismissed by an order dated the 12th August 1957. The appellant challenges not only the order of dismissal of the contention contained in the 18th issue but also questions the order of the Tribunal with regard to the decision on the amendment question. We shall deal first with the amendment and then pass on to the decision of the issue.