Ponkar vs Khushi Ram and Others

J.V. Gupta, J.—This is Revision Petition under Article 227 of the Constitution of India against the order of the Prescribed Authority dated January 24,1989 under the Gram Panchayat Act; whereby application or amendment of the Election Petition was dismissed.

In the Election Petition filed by the petitioner it was alleged that the respondent had made encroachment on the Panchayat land consisting of Khasra No.35, Written statement thereto was filed wherein it was denied. However, when it came to the notice of the petitioner that the Panchayat land comprised of path Nbs.204 and 2-5 and not Khasra No.35, as alleged earlier, he moved the application for amendment immediately before the issues were framed. The said application has been dismissed primarily on the ground that the permission to amend the petition could not be granted to add new grounds beyond limitation.

After hearing the learned counsel for the petitioner I find that the learned Prescribed Authority has acted illegally and material irregularities in exercise of his jurisdiction. The amendment sought was of a typographical mistake and was purely technical one and the petitioner as not to add any new ground. The ground that the respondent had encroached upon the Panchayat land was already there, but instead of Khasra No.35, he wanted to state that it was pat No.204 and 205. In the circumstances the amendment should have been allowed on payment of costs, if any.

Consequently, this petition succeeds and the impugned order is set aside and the petitioner is allowed to amend the petition on payment of Rs.200/- as costs.

Since at the time of motion hearing further proceedings before the Prescribed Authority were stayed the stay now stands vacated and the parties are directed to appear before the Prescribed Authority on September 12,1989 if on date is fixed prior thereto.