SOM KRISHAN Vs. PARAS RAM

JUDGEMENT

(1.) IN this petition, under Article 227, of the Constitution, the only point, for determination is, whether the learned District Judge of Mandi has erred, in holding, that he had no jurisdiction to allow amendment of the Election Petition, under the provisions of Order 6, Rule 17, C. P. Code.

(2.) THAT Judge was of the opinion, that although, Section 16 of the Territorial Councils Act (Act No. 103 of 1956) lays down, that the procedure set forth in the C. P. Code, in regard to suits, shall be followed in the Court of the District Judge, as far as, it can be made applicable, in the trial and disposal of an election petition, under this Act, nevertheless, that procedure could be followed only with respect to those matters, which had been specified in that Act, or in Rules 70, 71, 72, 75 and 79 of the Rules framed under Section 20 of the Act.

(3.) ON 22 5 58, I admitted this petition, as one under Article 227 of the Constitution, since, I was of the opinion, that the above view of the District Judge was open to doubt. Arguments of the learned Counsel for the parties were heard, at considerable length, on the 15th and 22nd instant. For reasons to be stated shortly, I have come to the conclusion, that the decision of the District Judge, on this point, cannot be maintained.