IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13363 of 2007 KUSUM DEVI, W/o Raj Kishore Singh, resident of village Phulpura, P.S. Dhanarua, Dist. Patna-----------------------petitioner Versus 1.THE STATE OF BIHAR 2.The State Election Office, Bihar, Sone Bhawan 3rd Floor, Veerchand Patel Path, Patna-800001 represented through its Election Commissioner Sone Bhawan, 2nd Floor, Veerchand Patel Path, Patna-800001 3.The Election Commissioner, the State Election Office, Bihar, 3rd Floor, Veerchand Patel Path Patna- 800001 4.The Secretary, The State Election Commission, Bihar having its office at Sone Bhawan, 3rd Floor, Veerchand Patel Path, Patna 800001 5.The District Magistrate-cum-District Election Officer (Punchayat) Patna 6.Sri Sheo Narain Singh, the Block Development Officer-cum-Returning Officer for Panchayat Election, Bhawarua Block, Dhanarua Sub Division Masaurhi,Dist Patna 7.Sri Jitendra Prasad, Junior Engineer-cum- Assistant Returning Officer, Dhanarua -----Opp.Party IInd Set 8.Gayatri Devi, W/o Sri Birendra Prasad, resident of village Marhipar, P.O. Vijaypura P.S. Dhanarua, Dist. Patna 9.Anima Devi, W/o Sri Sarban Paswan, resident of village Badiha, P.O. Vijaypura, P.S. Dhanarua, Dist. Patna 10.Dewanti Devi, W/o Sri Anil Sharma, resident of village and P.O. Vijaypura, P.S. Dhanrua, Dist. Patna 11.Punam Devi, W/o Sri Mantu Sharma, resident of village Badiha, P.O. Vijaypura, P.S. Dhanrua, Dist. Patna 12.Rita Devi, W/o Sri Nawal Prasad, resident of village Dost Mahmadpur, P.O. Vijaypura, Dist. Patna 13.Rita Devi, W/o Sri Ram Vijay Singh Ujjain, resident of village Phulpura, P.O.Manakipor, P.S. Dhanarua, Dist. Patna 14.Lalita Devi, W/o Bambam Singh, resident of village Phulpura, P.O.Manakipor, P.S.Dhanrua Dist. Patna 15.Shanti Devi, W/o Sri Vijay Prasad, resident of village and P.O. Nawasichak, P.S. Dhanrua, 2 Dist. Patna 16.Sachi Devi, W/o Sri Jai Kant Singh, resident of village Phulpura, P.O. Manakiper, P.S. Dhanrua, Dist. Patna 17.Sudha Devi, W/o Sri Bidya Bhushan Sharma, resident of village Kaili, P.O.Nawasichak, P.S. Dhanrua, Dist. Patna 18.Sushila Devi, W/o Sri Abhay Prasad, resident of village Vijaypura Grahpar, P.O. Vijaypura, Dist. Patna 19.Jirwa Devi, W/o Manik Manjhi, resident of village Kaili, P.O. Nawasichak, P.S.Dhanrua, Dist. Patna----Opp.party IIIrd set—Defendants -------Respondents ----------- For the petitioner :Mr.B.N.P.Singh For the State :Mr.Amaresh Kr.Sinha, A.C. to G.P.15 For the State Election Commission :Mr.R.S.Pradhan,Sr.Advocate ----- 3. 28.1.2009 Heard learned counsel for the petitioner and learned counsel for the State. No one appears for respondent no.8 although notices were duly served upon her and power has also been filed on her behalf. The petitioner is aggrieved by the order dated 3.8.2007 passed by the Election Tribunal-cum- Munsif, Masaurhi, in Election Petition No. 4/2006 (Kusum Devi vs. the State Election Office & Ors.) by which the petitioner’s prayer for amendment has been rejected. The petitioner, being the defeated candidate in the election for the post of Mukhiya, has filed the election petition. At a later stage it 3 was noticed that there were certain typographical errors in the election petition which needed to be rectified so as to not defeat the case of the petitioner and, accordingly, amendment petition was filed. The same was rejected by the impugned order on the grounds that the same was filed belatedly and without any valid reason. Out of the six amendments sought by the petitioner, learned counsel for the State points out that so far as amendment no.2 is concerned, the same is not a formal one and mere typographical error but would have the effect of changing the nature of the case as even one more Ward number is proposed to be added in paragraph 30 apart from changing the figure of votes of dead persons from 13 to 43 and including in the said category such names also which were duplicate according to the petitioner. It is submitted by learned counsel for the State that such amendment at least ought not to be permitted at the fag end when the matter is at the stage of argument on closing of the evidence of the parties. So far as the other amendments are concerned, the same appear to be merely formal in nature and 4 clearly typographical errors. The said amendments even if had been allowed at the belated stage would not have caused any adverse consequence upon the other side as no amendment in substance could have resulted thereby. In the said facts and circumstances, the writ application is allowed. The order dated 3.8.2007 passed by the Election Tribunal-cum-Munsif, Masaurhi, is partly set aside and the amendment petition is also partly allowed except the amendment sought for in paragraph 2 with respect to paragraph 30 of the election petition. (Ramesh Kumar Datta,J.) spal/