Indian Kanoon - Search engine for Indian Law

[22] In the present case, the election petitioner prays for introducing a missing page of the affidavit Form-26 of the returned candidate. The issue is whether such an endeavour amounts to amendment of the election petition. If the answer is YES, such an amendment after 58 days will be barred by Section 81 of RP Act. As already observed above, the missing document, ie, Annexure R-1 is only a material document and inserting the same as page 95A will not amount to amendment of election petition, as the necessary material facts have already been averred in para 10, 11 and 12 of the election petition. Accordingly, third point is also decided in favour of the applicant."