SUREKHA DASH Vs. CIVIL JUDGE JUNIOR DIVISION

JUDGEMENT

(1.) PRESENT writ application involves an interesting question of law, and in fact this application has been entertained only to adjudicate the question whether under the Orissa Grama Panchayat Act/ 1965 (in short, the 'Act') the learned Civil Judge (Junior Division) has power to allow amendment to the pleadings.

(2.) IN view of the limited nature of legal controversy factual details are to be indicated in brief.

(3.) MISS Mira Ghose, learned counsel for the petitioner submitted that the Act lays down the procedure for trial of election petitions. There being no specific provision for amendment, view taken by the Courts below cannot be maintained. It is submitted that under Section 35 of the Act procedure before the Election Tribunal is indicated and its powers are enumerated in Section 37, and a combined reading of Section 35 and Section 37 makes it clear that the prayer for amendment is not to be entertained.