SAMARI LAL Vs. RAMCHANDRA BAITHA

JUDGEMENT

(1.) THE present election petition has been preferred by the petitioner Samari Lal, a defeated candidate during general elections for Jharkhand Assembly held in February, 2005, by which the election of respondent No. 1, Ramchandra Baitha, sitting MLA from Kanke Constituency, has been challenged.

(2.) THE election petition was preferred within time on 12.4.2005 and admitted for hearing on merit by order dated 9.2.2007. Then notices were issued to the respondent Nos. 1 to 4, who appeared on different dates and filed written statements to contest the present election petition. Respondent No. 1 his filed written statement on 17.4.2007 at Flag G. Before the written statement being filed, a petition under Section 97 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') was filed on 9.4.2007 at Flag F. The petitioner has filed a rejoinder to the written statement and recriminatory petition denying the facts stated in the written statement as well as recriminatory petitions vide Flag H dated 16.5.2007 and Flag I dated 17.5.2007.

(3.) RESPONDENT No. 1 filed rejoinder to this amendment petition opposing that the proposed amendments were not permissible for the following reasons: