Court : Allahabad
..... at the trial by a party to establish existence of a cause of action. failure to plead 'material facts' is fatal to the election petition and no amendment of the pleading is permissible to introduce such material facts after the time limit prescribed for filing the election petition. 62. in v. narayanaswamy (supra) the court ..... an idea of procedure prescribed for counting of votes through evm. 72. for availability of evms an enabling provision was made by inserting section 61a in act 1951 vide act 1 of 1989 w.e.f. 15th march, 1989 authorising election commission to adopt the said machines in such constituency or constituencies as the election ..... petitioner and his confidence of winning election. para 5 in general alleges that there was improper refusal and reception of votes and noncompliance of provisions of 1951 act, rules and orders made thereunder including directions issued by election commission resulting in illegal declaration of election result in favour of respondent no.1. para 6 .....
Tag this Judgment!Court : Allahabad
..... learned counsel for the defendant appellant that the provisions of section 331 (1-a) would not come into play where the written statement has been permitted to be amended and an issue with regard to question of jurisdiction of civil court has been specifically framed is of no substance. 30. the above submission has no force for the ..... application despite opposition was allowed on 17.12.2004 and the defendant was permitted to add paragraphs no. 11a,11b and 11c in the written statement. the said amendments were to the effect that the plot in dispute before the abolition was an agricultural land and that the defendant has acquired ownership right in the same and therefore ..... an issue on it by the appellate court was patently illegal and without jurisdiction. thus, such an amendment or the framing of issue would not benefit the defendant to contend that the provisions of section 331 (1-a) of the act would not be attracted. in any case if the ouster of jurisdiction is pleaded under section 331 of .....
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