O. 6 R. 17 CPC | Amendment To Election Petition Can’t Be Permitted To Cure ‘Inherent Defect’ After Expiry Of Limitation Period

Case: Ashok Kumar Gedi v. Jyotrimayee Behera & Ors.

Coram: Justice Biswanath Rath

Case No.: W.P.(C) No. 19989 of 2022

Court Observation: “For the opinion of this Court, the mistake appears to be inherent mistake by allowing change in the village names after election dispute period is over which will be amounting to extending filing of election dispute beyond the time stipulation prescribed in the Grama Panchayat Election Rules. Finding the election dispute involved inherent mistake and amendment being brought after 15 days restriction from filing the election dispute of this nature is impermissible in the eye of law.”

“…its powers to amend a petition under Order VI, Rule 17 of Code of Civil Procedure could not be exercised so as to permit new grounds of charges to be raised or the character of the petition to be so altered so as to make it in substance and a new petition, when a fresh petition on those allegations would be time barred”.

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Keywords

Election Petition, Inherent Defect, Limitation Period