GOPALAKRISHNAN NAIR J.:

This writ petition was referred to a Full Bench by a Division Bench of this court, as it involved important questions.

(2) The proceedings arise out of an election petition filed by the second respondent¢challenging the election of the petitioner to the Jammu and Kashmir Legislative Council from the Kashmir Teachers Constituency. The petitioner .and the second respondent contested the seat, but the former was declared elected. The second respondent thereupon preferred an election petition; ¢under the Representation of the People Act to the Election Commission which duly referred it to the Election Tribunal for trial. The petitioner filed his written statement before the Election Tribunal on 14-10-57. On 24-10-1957 he applied for an amendment of the written statement by adding certain grounds to show that the petitioner was not qualified under the law to contest the election and that he was not even eligible to be a voter in the Kashmir Teachers constituency.

The petitioner sought to establish on these new grounds that the second respondent was not competent to file the election petition. The amendment of his written statement sought by the petitioner, though op

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