UMABALLAV RATH Vs. MAHESWAR MOHANTY

JUDGEMENT

(1.) This is an application filed by the petitioner in the election petition seeking permission to amend the election petition.

(2.) The petitioner seeks to amend paragraphs 8 and 16 of the election petition by way of correcting the dates mentioned in those paragraphs. In paragraph 8 of the original election petition while referring to the order of the Election Commission of India, the petitioner has indicated the relevant date to be 27-1-1995 and the petitioner seeks to correct the said date by indicating that, in fact, the said order had been passed on 25-1-1995.In paragraph 16 of the original election petition, it has been averred that on 11-2-1995, respondent No. 1 had organised public meeting in Puri town, wherein some speeches making personal allegations had been made which amounted to corrupt practice as defined in Section 123(4) of the Representation of the People Act, 1951 (hereinafter called the "Act"). The petitioner by way of amendment now seeks to indicate the date of the meeting to be 9-2-1995 instead of 11-2-1995.

(3.) In the objection filed on behalf of respondent No. l, it has been stated that by changing the dates, new facts are sought to be introduced which should not be permitted and the proposed amendment will change the nature of the allegation and should not be allowed. In course of argument on the question relating to amendment, serious objection has been raised on behalf of respondent No. 1 relating to the proposed amendment of the date as contained in paragraph 16.