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2004 DIGILAW 688 (PAT)

Vijay Prasad v. State Of Bihar

2004-07-14

CHANDRAMAULI KR.PRASAD

body2004
Judgment 1. This application has been filed for quashing the order dated 22.1.2003 passed by the Munsif, Sherghati in Election Petition No. 26 of 2001 whereby he has allowed the application filed for addition of party. 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 joinder of all such persons after the period of limitation is over, would not enure 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.P. Ill and Mr. Chitragupta Prasad for respondent no.5, this writ application is disposed of in the same terms.