THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.7027 of 2009 ORDER: The petitioner was elected as Sarpanch of Banagareddipalle Gram Panchayat, Chittoor District, in the year 2006. The 1st respondent filed Election Petition No.16 of 2006 in the Tribunal-cum- Principal Junior Civil Judge, Chittoor. The trial of the same is in progress. The petitioner filed I.A.No.5 of 2009, under Order VI Rule 17 C.P.C., with a prayer to permit him to amend the counter. He wanted to incorporate a plea, in relation to an application said to have been made by the 1st respondent on the date of election, obviously, to contradict the plea, in relation to defects in counting of votes. The Tribunal rejected the same, through order, dated 18.02.2009. The same is challenged in this Writ Petition. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj. One of the allegations made by the 1st respondent is irregularity in the counting of votes, including postal ballots. The petitioner filed counter denying the allegations. The amendment proposed to be made to the pleadings by the petitioner, would at the most add particulars to the general plea already taken. Most of the facts mentioned in the proposed amendment are details of evidence. It is always for the election petitioner to prove the allegations as to irregularities in counting and the petitioner can certainly put forward all his contentions by summoning the necessary records. For that purpose, it is not necessary that there must be any specific plea. Therefore, the Writ Petition is dismissed, upholding the order under challenge, but directing that it shall be open to the petitioner to raise all his contentions, in relation to the allegations as to irregularities in counting of votes. In case the evidence of PW.2 was closed, even while the petitioner is pursuing his remedy for amendment of the pleadings, it shall be open to him to take steps for recall of the said witness. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:06.04.2009. Note: Furnish C.C. in two days. (B/o) GJ