The main legal point established in the judgment is that the general powers available under the Civil Procedure Code cannot be used to alter the character of an election petition or remove fundamental defects if such alterations or amendments are sought beyond the permissible period under the U.P. Municipalities Act, 1916.

JUDGMENT :

Manoj Misra, J.

1. The instant petition has been filed by returned candidate against the order dated 12.10.2018 passed by the Ist Additional District Judge, Kasganj in Election Petition No. 01 of 2017 by which amendment application 18-A2 filed by the election-petitioner (respondent) seeking amendment in the election petition has been allowed on costs of Rs. 5,000/-.

2. Briefly stated the facts giving rise to the present petition are that election for the post of Chairman, Nagar Panchayat Bilram, District Kasganj was notified. Pursuant to the notification, polling took place on 22.11.2017 and, after counting of votes, on 01.12.2017, the petitioner was declared elected. Within 30 days after the day of declaration of result, on 12.12.2017, the respondent, who was an unsuccessful candidate, filed Election Petition No. 01 of 2017. The election petition, as presented, neither sought relief to declare the election petitioner elected in the room of the returned candidate nor it impleaded other unsuccessful candidates as respondents in the election petition. The election petition, as presented, had only prayed that the election of the returned candidate be declared null and void and the post of Chairperson, Nagar Panchayat Bilram, District Kasganj be declared vacant.

3. To the said election petition, a written statement was filed by the petitioner taking various pleas. One of the pleas taken in defence was that the election petition as framed was not maintainable in view of the provisions of Section 20 (3) & (4) of the U.P. Municipalities Act, 1916 (for short 'Act, 1916'). It was claimed that as the election petitioner had not claimed that he be declared elected in the room of the person whose election was questioned and other unsuccessful candidates were not made party respondent, as required by sub-section (4) of section 20 of the Act, 1916, the election petition was not maintainable at the instance of the election petitioner alone and was liable to be rejected under section 22 (1) of the Act, 1916.

4. Upon receipt of the written statement, the election petitioner (the respondent herein) filed an application no. 18-A2 on 31.03.2018, under Order 6 Rule 17 C.P.C., seeking amendment in the election petition to add relief to the effect that the election petitioner be declared elected in the room of the returned candidate as also to implead other unsuccessful candidates as respondents. This amendment application was resisted by the petitioner by claiming that such an amendment materially changes the nature of the election petition and since it has been filed after expiry of the period of limitation provided for filing an election petition, it cannot be allowed.

5. By the impugned order, the Ist Additional District Judge, Kasganj allowed the amendment application.

6. I have heard Sri M.N. Singh for the petitioner and Sri Arvind Kumar Singh for the sole respondent.

7. As the petition raised a pure question of law, Sri Arvind Kumar Singh, who appeared for the respondent, did not pray for time to file counter-affidavit and therefore the matter was heard finally.

8. The learned counsel for the petitioner submitted that Act, 1916 is a self-contained code concerning election of members. It not only provides for the qualifications but also the manner in which the election is to be conducted including the grounds and the manner in which the declaration is to be challenged. Section 19 of the Act, 1916 provides for the grounds on which election of any person as a member of a Nagar Panchayat could be questioned by an election petition. Section 20 of the Act, 1916 provides for the form and presentation of election petition. Sub-section (1) of section 20 provides that an election petition shall be presented within 30 days after the day on which the result of the election sought to be questioned is announced by the Returning Officer. Sub-section (3) of section 20 provides that the petition may be presented by any candidate in whose favour votes have b