Rajamannar, C.J.-The only question in this writ appeal is whether an Election Commissioner appointed to enquire into an election petition filed to set aside an election to a District Municipality has got the power to amend the petition by adding another ground on which the election is sought to be set aside, after the time for presenting the election petition has elapsed. Rajagopalan, J., held that the Election Commissioner has no jurisdiction to order an amendment in such circumstances.

The facts may be set out very briefly. An election for a seat in the Municipality from Municipal Ward No. 11, R.S. Puram, Coimbatore, was held on 16th September, 1952. There were three competing candidates of whom the 1st respondent was declared elected on 29th September, 1952, having secured the largest number of votes. The appellant before us filed an election petition before the Subordinate Judge, Coimbatore, who was the duly constituted Election Commissioner, challenging the validity of the 1st respondent’s election on two grounds, namely (1) that the 1st respondent was not validly nominated and (2) that there was an unauthorised inclusion of a number of voters in the electoral roll. On 27th Oct

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