JUDGMENT :

A. Pasayat, J. - Present writ application involves an interesting question of law, and in fact this application has been entertained only to adjudicate the question whether under the Orissa Grama Panchayat Act/ 1965 (in short, the 'Act') the learned Civil Judge (Junior Division) has power to allow amendment to the pleadings.

2. In view of the limited nature of legal controversy factual details are to be indicated in brief.

Petitioner has been elected as Sarpanch of Badasuara Grama Panchayat. Opposite party Nos. 3, 4, 5 and 6 were contestants in the said election on 16.1.1997. An election dispute has been raised under the Act by opposite party No. 3 which has been numbered as Election Dispute Misc. Case No. 7 of 1997, and the same is pending before learned Civil Judge (Junior Division), Jajpur. During pendency of the election dispute, an application styled as one under Order 6, Rule 17, Code of Civil Procedure, 1908 (in short, the 'Code') was filed by opposite party No.3. Amendment sought for was to the effect that the election petitioner's agents protested against the error and illegality in counting of votes before the Presiding Officers and the Election Officers in respec