JUDGMENT : S.C. Parija, J. - Heard learned counsel for the parties. This writ petition has been filed challenging the order dated 31.07.2012, passed by the Civil Judge (Jr. Division), Chandbali, in Election Misc. Case No. 46 of 2012, allowing the amendment sought for by the opposite party no. 1. 2. On a perusal of the impugned order it is seen that opposite party no. 1, who is the election petitioner had filed election petition against the petitioner describing him as 'S/o. Ganesh Mahunta'. The present petitioner appeared in the election petition and filed his objection wherein he stated that he is the son of 'Kailash' and not the son of 'Ganesh Mahunta', as has been mentioned in the election petition. In coming to know of the said fact, the petitioner-opposite party no. 1 filed an application under Order 6 Rule 17 C.P.C. for amendment of the cause title with regard to the name of the father of opposite party no. 1. 3. The present petitioner objected to the application for amendment on the ground that the same is not maintainable under the Orissa Grama Panchayat Act, as no power of amendment of the petition has been provided under the said Act. It is further stated that as the election petitioner (opposite party no. 1), who was aware of the name of the father of the present petitioner from the official record like, Nomination paper, Votor lists, Votor Identity Card, etc., the amendment sought for should not be allowed. 4. Learned Civil Judge considering the provision of Section 35 of the Orissa Grama Panchayat Act has come to hold that the Court has the power to allow amendment of pleadings. Section 35 of the Orissa Gram Panchayat Act reads as under: (i) subject to the provisions of this Act and the rules made thereunder. Every election petition shall be tried by the Civil Judge (Jr. Divn.) as merely as may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of election misc. case petition. 5.
Every election petition shall be tried by the Civil Judge (Jr. Divn.) as merely as may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of election misc. case petition. 5. Considering the nature of amendment sought for and keeping in view the fact that the election petitioner had only sought for correction and/or amendment of the name of the father of the present petitioner, which is normal in nature and which cannot change the nature and character of the election petition and allowed the appeal subject to payment of cost. 6. In view of the above, I do not find any infirmity or illegality in the impugned order of the learned Civil Judge so as to warrant any interference. 7. Writ petition being devoid of merits, the same is accordingly dismissed. 8. The Misc. Case is accordingly disposed of. 9. Interim order dated 04.09.2012 stands vacated. Issue urgent certified copy as per rules. Final Result : Dismissed