SHYAM SUNDAR GUPTA Vs. DEOKI NANDAN PODDER

JUDGEMENT

(1.) THIS is an application by the election petitioner for amendment of the election petition. The petitioner, Shyam Sundar Gupta filed the election petition challenging the election on 20th May, 1982 of the respondent No. 1, deoki Nandan Podder as returned candidate from 143 - Jorasanko assembly - Constituency. It is alleged by the petitioner that, at the time of scrutiny of the nomination papers of the candidates for the said constituency for election held on 19th may, 1982 it appeared that the said Deoki Nandan Podder has purported to describe himself in his nomination papers as elector of 157 - Vidyasagar Assembly Constituency in the State of West Bengal and that his name was allegedly registered as alleged elector in Part No. 92 at serial No. 661 of the electoral Roll of 157 - Vidyasagar Assembly Constituency. The certified copy of the entry in the Electoral Roll shows that one Deoki Nandan Podder son of Gurupratap Podder and resident of premises No. 116/1/1, Mahatma Gandhi Road was an elector from 157 - Vidyasagar Assembly Constituency. The petitioner objected to the consideration of the said nomination papers of the respondent No. 1 at the time of the scrutiny on the ground that respondent No. 1 was not an elector within the meaning of Section 5 of the Representation of the People act, 1951. It was also alleged that respondent No. 1 was neither an ordinary resident nor resident off No. 116/1/1, Mahatma Gandhi road nor he is the son of Gurupratap Podder nor aged fifty years as on January 1, 1981 as indicated in the said certified copy, of the entry in the Electoral Roll. By the order dated 27th April, 1982 the Returning Officer of the said Constituency held that the nomination papers of the respondent No. 1 were valid.

(2.) THE main grounds of challenge of the said election of the respondent No. 1 are that respondent No. 1 is not an elector of 143 - Jorasanko Assembly Constituency for the election held on May 1 9, 1982; that the respondent No. 1 was not on the date of the said election or at all an elector for 157- Vidyasagar Assembly Constituency in the State of West Bengal; that the entry at Serial No. 661 Part No. 92 of 157 - Vidyasagar assembly Constituency did not. and could not relate to respondent No. 1 and the elector mentioned in the said- entry and respondent No. 1 cannot be and are not one and the same person but are different persons.

(3.) THIS application has been made by the petitioner on 17th April, 1985 for amendment of the said election petition. It has been alleged that when the election petition was filed the petitioner was not aware that the respondent No. 1 was elector in the Electoral Roll of 1982 for the 146 - Chowringhee assembly Constituency his name being entered at serial No. 339 Part No. 93 of the said Electoral Roll. On the contrary, the information available to the petitioner at that time was that the said deoki Nandan podder was not at all registered as the elector in any assembly constituency in the State of west Bengal for the 1982 election. It is alleged that due to non-availability of correct information certain statements have been made in the election, petition as originally filed which on later discovery have proved to be incorrect and unless the said incorrect statements are corrected by suitable amendment the petitioners actual case would not be made in his election petition. In order to enable the petitioner to set out his actual case in his said election petition and. for proper adjudication of the real issues between the parties, the petitioner asks for leave to amend the election petition.