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[19] On perusal of the election petition, specially, the contents of para 10, 11 and 12, it is found that the applicant/ election petitioner has pleaded all instances of concealment of material information in the affidavit Form-26 by the returned candidate. However, one page of the affidavit with respect to non- movable property has been missing and the same is said due to inadvertence. By the present application, the election petitioner seeks leave of this Court for inserting this particular (Annexure R-1 to the application) as page 95A in between pages 95 and 96. This Court is of the firmed opinion that missing document from the affidavit Form-26 (Annexure R-1) is a material document only and the fact relating to this document has already been pleaded in the election petition. Accordingly, first point is answered in favour of the applicant.

[20] It is the settled position of law that only material facts are to be pleaded in an election petition as stipulated under Section 83(1)(a) of RP Act and such a petition has to be filed within 45 days of the declaration of the election result in terms of Section 81 of the Act. However, material particulars which are explanatory facts/documents of the material facts pleaded in the election petition are in the nature of evidence and are not required to be pleaded in the petition. It is held in para 18 above that missing document from the affidavit Form-26 [Annexure R-1] is only a material particular and as such the same is not required to be filed within 45 days in terms of Section 81 of the Act. Second point is also decided in favour of the applicant.

[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.

[23] In view of the findings of all points for determination in favour of the applicant/election petitioner, the application is allowed and missing document marked as Annexure R-1 is permitted to be inserted as Page 95A in between Pages 95 and 96 of the election petition, subject to the payment of cost of Rs. 10,000/- (Rupees ten thousand) only in favour of High Court Bar Association, Manipur for relief purpose.