RAJEN KUMAR PARIDA Vs. JAMESWAR MALLICK

JUDGEMENT

(1.) HEARD Learned Counsel for the parties.

(2.) ORDER Dated 5.1.2008 passed by the Learned Civil Judge (Junior Division), Nimapara in Election Misc. Case No. 14 of 2007 allowing the petition for amendment of the election petition filed by the present Opp. Party has been assailed in this Writ Petition.

(3.) LEARNED Counsel for the Petitioner submits that Section 31 of the Grama Panchayats Act prescribes a period of 15 days for filing an election petition and, therefore, the amendment petition having been admittedly filed beyond 15 days after the date on which the Petitioners name was published under Section 15 of the Act, the amendment cannot be allowed. He has relied on a decision of the Apex Court in K.D. Deshmukh v. Jayaswal; AIR 1992 SC 164, where an amendment petition urging new ground under the Representation of the People Act was held to be not maintainable as being barred by the limitation (beyond 45 days) provided for filing election petition under the said Act.