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High CourtsSingle Bench(2004) 07 PAT CK 0111

Vijay Prasad vs State of Bihar and Others

Patna High Court · Decided on 14 July 2004 · Citation: (2004) 3 PLJR 684

HON’BLE JUDGES
Chandramauli Kr. Prasad, J
CASE NUMBER
C.W.J.C. No. 1512 of 2003

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Judgment

4 paragraphs · 176 words

Chandramauli Kr. Prasad, J.—This application has been filed for quashing the order dated 22.1.2003 passed the Munsif, Sherghati in Election Petition No. 26 of 2001 whereby he has allowed the application filed for addition of sarty.

2.

In the similar circumstances, this Court in CWJC No. 11292 of 2002 passed the following order:

In the opinion of this Court no interference is called for at this stage. Petitioner may make an application for amendment of his written statement, raising the pleadings that joiner of all such persons after the period of limitation is over, would not endure to the benefit of the election Petitioner and a fatal defect cannot be cured. If such an application is filed then an issue would be cast by the learned Election Tribunal and the Election Tribunal shall be obliged to decide the issue at the time of final hearing.

3.

Having heard Mr. Man Mohan for the Petitioner J.C. to G.R III and Mr. Chitragupta Prasad for Respondent No. 5, this writ application is disposed of in the same terms.