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1954 Supreme(All) 174

MALIK, V. BHARGAVA
Harish Chandra Bajpai – Appellant
Versus
Triloki Singh – Respondent


Advocates:
Hyder Husain, Manohar Lal and J.S. Trivedi, for Applicants; Iqbal Ahmad, H.K. Ghose, H.N. Misra, Khushwast Rai, Bishun Singh, Onkar Singh and K.S. Varma, (for No.1); M.L. Tilhari (for Nos.4 and 7); Sri Ram Asrey Misra (for Nos.12 and 14), for Opposite Party.

Judgement

MALIK, CJ.:-

This is a very simple matter.

2. An election petition was filed on 10-6-1952 and in that petition certain allegations were made in paragraph 7C the first portion of which alone need be quoted:

"That the respondents Nos.1 and 2 could in furtherance of their election enlist the support of certain government servants."

The rest of the paragraph deals with two incidents of 16th December and 27th December, 1951, with which we are not concerned.

3. On 27-2-1953, the petitioners filed an application for amendment in which the relevant prayer was as follows:

"Therefore the petitioners pray that under S.83 (3) he be allowed to amend the details of para.7C by adding the words village headman with their names and the fact that they worked and issued appeal and subsequently they became polling agents of respondents Nos.1 and 2 and for this the petitioners shall ever feel grateful."

This application was granted by an order dated 28-11-1953, by the majority, the advocate member and the Chairman agreeing to the amendment, while the third member was of the opinion that the amendment application should be rejected. The advocate member held that the amendment sought amounted to furni










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