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2006 Supreme(Pat) 1161

S.N.HUSSAIN, MRIDULA MISHRA
Jageshwar Rai – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned Counsel for the petitioner, learned Counsel for respondent-State and learned Counsel for 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 09.10.2002, 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. 06 of 2001.

3. When this case was earlier taken up for hearing in the admission matter on 07.07.2004 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 and Ors. reported in 2004 (21 PLJR 400. in which it was held that the election petitions are to be governed by the Bihar Panchayat Raj Art and the Bihar Panchavat 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 amendm
























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