-HC—7S 3^^T "MI<<1<?')<1, aiTTl'H'16, (s)rtl+fy ^ ^Is.:.!&:^^^2 W^?T tR^ ( sn^r ^ii ft4i»h ?TSTT STT^T'^RI^ ^HWHfttT 31I^T PETITIONER/: (Non-appSicant No.3) - V^rsus - RESPONDENTS/: 1. 2. 3. 2. {Writ petition under Article Sinate Bench: Hon'btt 17-1-2008 cdunse Mr. Malay Kumar Bhadurt, Mr. Sumit Verma, Panel Law^er t-1eard on admission. The petitioner has preferrecf ths Constitution of tndia, questioni|ig dated 8-10-2007 passed by the Dj; <*l''<f<-<Jil-t ^'qn?tf ^fS^S Tf3R?R ^? stfipr .sfn^f G. Rama Reddy, S/o G.N. Rao, aged about 40 years, R/o Railway Qr. No.^59/0, Charauda, B.M.Y. Tahsil Patan, District Durg (C.G.) Vinod Nath Jogi, Sfo B.N. Jogi, aged about 30 years, R/o Panchsheel Nagar East, Charaud, Tahsil Patan, District Durg (C.G.) (Eiection Petitioner) Zila Nirvachan Adhikari, Through the Colleclor, Durg, ZiIaKaryalaya, Durg (C.G.) The Returning Officer, Sthaniya Nirvachan (Nagar Palika Parishad, Bhiiai, Charauda) District Durg (C.G.) The State of Chhattisgarh, Through the Coliector, Durg, Zila KaryaSaya, Durg (C.G.) 27 of the Constitution of India} Wlr. Justlce L.C. Bhadoo for the pefltioner. fortheState. this writ pstition under Artiete 227 of legatity & correctness of the order strict Judge, Durg in Etectfon Petition ,isfr^ "Xl-flC—JS "ti-?'"^ .4^'y 3Il^?f ?ff R')i+ 'asfT SH^T sb^icft (vi 3^ET "i|l<llrt<<, «)Tfl'M'16, Rtrtl'My . UP.C^; •Mi^?r WK (.^Syv^s) ^CTWHf^T 3)1^1 -2-- Bhil resD(*ident No.13/2006, whereby leamed tt oetitioner herein flled under Orcjer the written statement. ResDondent No.1 hereirl Detitioner herein auestionina thel No.23, Municipal Corporation, herein has filed wrltten statemeiht after framing of issues, evidence and the matter is fixed stage, the petitioner herein filed written statement that at the tim^ Baghel & Gurudeep Singh were the oetitioner herein shows that iit the election petitioner, was ores4nt In the first instance, this ahi< determining the real auestion in he!d by the trial Court, it is a No.1 herein along with two othef Moreover, proceedings of Uie e| as per the proviso. the amendmj the Court comes to the conclusicln not have raised the matter beforj fact which has been sought to| within the knowledge of the petil from that respondent No.1 hereiti. present. Therefore, for anv re^sc '^prf?p:itTT TnTT??f 'Ff,^T3t' <f^i^i< ^ •aiRn ail^r ial Court has reiected the application of the 6 Ruie 17 of the C.P.C. for amendment of .f/ has filed an eiection oetition aaainst the lelection of the petitioner as Councillor of Ward E3hilai. Charauda. District: Dura. The petitioner in reolv of the election Detition. Thereafter. No.1 herein has atreadv closed his for evidence of the petitioner herein. At that |an application for amendment of para 2 of the of scrutinv of nomination oapers, Shashikant telso present. Perusal of para 2 of the replv of the time ofscrutiny, respondent No.1 herein, and he had not raised anyobiection. ajmendment is not necessarv for the purpose of ;ontroversv between the Darties. As has been rrtatter of evidence that apart from respondent oersons were orssent at the time of scrutinv. lection Detition have alreadv commenced and ifent can be altowed onlv in the situation where that in soite of due diiiaence. the oartv could rfe the commencement of trial. it is not lite that be inserted bv wav of amendment was not (loner herein that at the time of scrutinv. apart i, Shashikant Baghel & Gurudeeo Singh were i, the order imDuaned passed bv the trial reason, ^^XI-HC—78 .''^:.. /y ,^ :^- sn^rw R-ii«h 'CTSTT 3U^T sftHiqi Soma trt 3^r "yi^ii^i, tSiTflyJi<s, (siwi.yy qs ra^n' *^ii* _...l<J.;£:..C52...3.4...;?rZ..... ^ ...»...,......^.....^.......,.y...............^ ^^ g sntCT 1tRW (li°iIl«<<tT) ^aiwaf?^ 3ii^r -3- Court is not Derverse, the trial petitioner herein has not exce< iurisdictional error has been The writ petition is dismissed. at the admission staaej Conseguentlv, I.A.No.1 Court bv reiecting the application of the i^ded the iurisdiction vested in it and no comnliitted bv the trial Court. >. iiable to be dismissed and it is herebv itseif. stahds disDosed of. - theretibre ct>t<<[si<n'i lff^<:if ^i^st <^i^i< ^? siRiq 3ii^r Sd/- L.C. Bhadoo Judge