ANJU KALRA Vs. KANCHAN RANI AND OTHERS

JUDGEMENT

(1.) The present revision petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 9.12.2016 passed by learned Civil Judge (Junior Division), Gohana vide which the application filed under Order 1, Rule 10 and Order 6, Rule 17 of the Code of Civil Procedure (for short ' the Code') filed by Kanchan Rani (respondent No.1) was allowed.

(2.) An election petition filed by Kanchan Rani -respondent No.1 challenging the election of Anju Kalra petitioner (respondent No.1) from Ward No.11, Gohana is pending before learned Civil Judge, Junior Division, Gohana. Among other respondents impleaded in the petition, one was Bali Sharma Presiding Officer Ward No.11, Booth No.20, who at the relevant time was posted as Headmaster, Government High School, Halal Pur, Sonepat, Block Rai. After the petitioner appeared and filed reply to the petition, Kanchan Rani -respondent No.1 filed an application invoking the provisions of Order 10, Rule 1 and Order 6, Rule 17 of the Code pleading that while drafting the petition, an error occurred in naming one of the respondents due to supply of wrong name of the Polling officer/ Returning Officer to her under the Right to Information Act. Instead of Bali Sharma, one Satish, posted as PGT Government Senior Secondary School Gharwal was the Presiding Officer on Booth No.22 of Ward No.11 and he was the appropriate and necessary party to be impleaded as respondent.

(3.) Petitioner -Anju Kalra contested the application but finding that no new claim was made by Kanchan Rani-respondent No.1 by way of amendment sought, the application was allowed by learned trial Court vide impugned order 9.12.2016 subject to payment of Rs.500/- as costs.