RAM PAL SINGH Vs. DEVENDRA PATEL

JUDGEMENT

(1.) This order shall govern disposal of I.A. No. 7/2009, which is an application, under Order 6, Rule 17 of the Code of Civil Procedure read with Section 87 of the Representation of the People Act, 1951, (for short 'the Act') for amendment by adding an additional relief of declaration that the petitioner himself has been duly elected to the State Legislative Assembly from Silvani Constituency.

(2.) In this petition, under Section 80 read with Section 80-A of the Act, the validity of the election of the returned candidate viz. respondent No. 1 has been challenged on the ground of an incorrect counting of votes. The result of the election was declared on 8-12-2008. Having lost the election by a narrow margin of votes, the petitioner, within the prescribed period of 45 days, presented the petition wherein the following reliefs have been claimed -

(3.) According to the petitioner, he is also entitled to claim a further declaration that he has been duly elected but it was due to sheer over-sight that the relief was left out of the petition.