JAGESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Counsel for respondent-State and learned counsel lor private, respondent No. 2.

(2.) This writ petition has been filed by the defendant in the election case for issuance of a writ of certiorari quashing order dated 9-10-2002, by which learned Munsif, Sadar, Sitamarhi. allowed the two amendment petitions filed by the election petitioner (respondent No. 2 in this Court), in Election Case No. 6 of 2001.

(3.) When this case was earlier taken up for hearing in the admission matter on 7-7-2004 before a learned single Judge, learned counsel for the petitioner placed reliance on an earlier decision of this Court in the case of Bambhola Rai v. State Election Commission, Bihar, reported in 2004 (2) PLJR 400. in which it was held that the election petitions are to be governed by the Bihar Panchayat Raj Act and the Bihar Panchayat Election Rules and the detailed procedure of Civil Procedure Code will not apply to such cases, except with respect to the manner of hearing of the election petition, which does not include the amendment of the plaint/ pleadings/election petition. It was also held in the said decision that the amendment cannot be held to be legal as the plaintiffs evidence had already been closed and six witnesses of defendant had been examined before filing of the amendment petition. In the said circumstances, the learned single Judge, who was hearing this case, referred the matter to a Division Bench keeping in view the importance of the matter and also the fact that a decision on the question shall have hearing on a large number of election petitions.