Point of Law: The word ‘asset’ employed in Election Notification needs to be construed by placing on it a purposive interpretation; it needs to be given widest amplitude regardless of its literal meaning since law is not the slave of dictionaries; that approach serves the purpose for which the said Notification has been issued as a subordinate legislation, pursuant to Apex Court decisions, supra

ORDER :

Petitioner, a Returned Candidate in 2019 Municipal Elections is before the Writ Court for assailing the order dated 17.3.2020, a copy whereof is at Annexure-A, whereby the Election Tribunal, at Sidlaghatta, having favoured respondent’s application in I.A.No.10 filed under Order VI Rule 17 r/w Sec.151 of CPC, 1908, in the pending E.P.No.1/2019, has granted leave to introduce details of several properties to the Petition, by way of amendment. After service of notice, respondent having entered appearance through her counsel, resists the writ petition making submission in justification of the impugned order.

2. Brief facts:

Respondent has filed the subject Election Petition laying a challenge to petitioner’s election as a member of Sidlaghatta Municipality; the principal ground of challenge is non-disclosure of assets in the Nomination Form; petitioner moved an application u/o VII Rule 11(a) & (d) of the Code seeking rejection of petition inter alia on the grounds of absence of material facts and the cause of action; respondent, apart from objecting to the same filed an Amendment Application as well, for introducing the details of undisclosed assets of petitioner and her husband, to the petition; the learned Judge of the court below having favoured the said application granted leave to amend; aggrieved thereby, petitioner has filed this writ petition.

3. Contentions of the parties:

(a) Learned counsel for the petitioner contends that after the expiry of statutory period of limitation prescribed for laying a challenge to the municipal election, amendment of the kind could not have been sanctioned since what is sought to be introduced are the ‘material facts’ which ought to have been pleaded in the petition as originally filed; he further contends that an Agreement to Sell does not make the vendee the title holder of the subject property and therefore, it does not fall within the meaning of ‘asset’ and thus, there was no need for its disclosure.

(b) Per contra, learned counsel appearing for the respondent contends that what is permitted to be introduced by way of amendment are not material facts but only amplificatory of what is pleaded already; learned Judge of the court below in his discretion has granted leave to amend and therefore, a writ court exercising a limited supervisory jurisdiction constitutionally vested u/a 12 need not undertake a deeper examination of the same; so contending, he seeks dismissal of the writ petition.

4. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter for the following reasons:

(A) As to amendment of pleadings in the realm of Election Law; material facts vs. amplificatory facts:

(a) It is basic to the law of elections that in a democracy, the mandate of people as expressed at the hustings must prevail and be respected; that is why the election of a successful candidate is not readily upset for askance; a heavy onus lies on the petitioner who seeks to void the election, to make out a clear case, both in terms of pleadings & proof; an election petition and a suit proceeding differ from each other in their nature & scope; it is a settled position of law that all “material facts” must be pleaded by the party in support of the case set up by him for voiding an election; ordinarily, if some facts inadvertently or otherwise are not pleaded can be loaded to the pleadings by amendment provided that, leave therefor is sought before the expiry of the period of limitation prescribed for filing the petition; this again is subject to all just exceptions; the underlying object of this is to enable the victorious candidate, to know the specific case which he has to meet.

(b) Right to amend the pleadings even after the limitation period has expired avails in the realm of election law although it’s exercise is conditioned by the factors such as nature & substance of amendment, delay & latches, the stage of proceedings & the lik