PUSHP LATA Vs. KAUSHALYA SHARMA AND ORS.

JUDGEMENT

(1.) The petitioner Pushp Lata is aggrieved against the order dated 9.8.2005 (Annexure -P.4) passed by the learned Civil Judge (Senior Division), Jagadhri, exercising the powers of the Tribunal constituted under the Haryana Municipal Election Rules, 1978 ('Election Rules' for short) as framed under the Haryana Municipal Act, 1973 ('Municipal Act' for short) and for dismissing the application (Annexure -P.2) seeking amendment of the election petition.

(2.) The elections to the Municipal Council, Yamuna Nagar were held in which the petitioner and respondents No. 1 to 4 filed their nomination papers from Ward No. 24, Municipal City, Yamuna Nagar. The election took place as per schedule. The petitioner was declared elected securing 466 votes. Respondent No. 1 secured 450 votes,

(3.) Respondent No. 1 filed an election petition under Rule. 75 of the Election Rules framed under the Municipal Act assailing the election of the petitioner. During the pendency of the petition, an application dated 16.7.2005 (Annexure -P.2) was moved by respondent No. 1 for amending the heading of the election petition in which she sought permission to substitute respondents No. 5 to 7 as mentioned in the election petition with respondents No. 5 to 7 as mentioned in the application (Annexure -P.2).