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