PRAKASH SINGH Vs. HARCHARAN SINGH AND ORS.

JUDGEMENT

(1.) THE salient facts of this case have been fully reproduced by S.B. Capoor, J. (now Acting Chief Justice) in his order dated the 2nd of May, 1967, deciding the preliminary issues, that arose in the election petition filed by Parkash Singh Badal. It is therefore, not necessary to state the facts all over again for the purposes of the recrimination petition filed by the returned candidates, Harcharan Singh Brar. Capoor, J. (as he then was) on the 25th of May, 1967, framed the following preliminary issues in the recrimination petition and these issues will be decided today:

(2.) I have heard the learned Counsel for the parties. It is not disputed that the decision on issue No. (1) must be returned against the recriminating Petitioner in view of the decision of the Full Bench of this Court in Roop Lal Mehta v. Dhan Singh and Ors., 1967 P.L.R. 612 :, 1967 CLJ 561. In this view of the matter, this issue is decided against the recriminating Petitioner.

(3.) THE objection of the election Petitioner is that the limitation for the recrimination petition having expired, a new ground cannot be allowed to be raised by way of amendment. His contention is that the same rule will apply to the recrimination petition which applies to the election petition, namely, that after the period of limitation for presenting the election petition has expired, a new ground for setting aside the election cannot be pleaded.