While Justice Altamas Kabir heading the bench ruled that the defeated candidate has a right to amend the petition, Justice J Chelameshwar held that a defective petition cannot be cured subsequently as it is prohibited under Representation of Peoples Act.
The split verdict came on a special leave petition filed by BJP MLA Ishwardas Rohani challenging the petition filed by Alok Mishra of the Congress who lost the 2008 elections to the Jabalpur Assembly constituency in Madhya Pradesh.
Rohani had challenged the high court's decision to admit the election petition filed by Mishra on the ground that material facts relating to the alleged corrupt practices indulged in by the former were not pleaded.
It was Rohani's contention that the allegations against him were not supported by any material fact like establishing that they were done either with his or agent's consent which is mandatory under the RPA Act.
The allegations related to distribution of cheques, gifts, and exerting influence on the district collector.
The high court while acknowledging that the petition by Mishra were not supported by material facts allowed him to modify his pleading which was basis of challenge in Rohani's petition before the apex court. (More)
