Allahabad High Court
SRI RAJU SINGH ALIAS AVNINDRA SINGHversusPRABHAT AND 6 OTHER
- Decided
Holding
The amendment is irrelevant to the election petition, and the trial court's rejection of it stands.
Summary
The revisionist, Sri Raju Singh (Avnindra Singh), filed a civil revision challenging the Additional District Judge's order rejecting his amendment application in Election Petition No.01 of 2021. The amendment sought to insert additional paragraphs in the written statement alleging criminal antecedents of another defendant. The trial court held that these allegations were unrelated to the core dispute of the election petition and dismissed the amendment. The revisionist failed to appear before the High Court despite a prior warning, and the respondent's counsel was heard. The High Court examined the proposed amendment and concurred that criminal history is irrelevant to the election petition issues. Consequently, the Court dismissed the revision and affirmed the trial court's order.
Issues considered
- Whether the amendment application introducing allegations of criminal antecedents of another defendant is relevant to the substantive issues in the election petition.
- Whether the High Court should interfere with the trial court's rejection of the amendment application.
Subjects
- civil revision
- amendment application
- election petition
- relevance of criminal antecedents
- procedural default
- judgment affirmation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL REVISION No. - 81 of 2026
Sri Raju Singh Alias Avnindra Singh
.....Revisionist(s)
Versus
Prabhat And 6 Other
.....Opposite
Party(s)
Counsel for Revisionist(s) : Gaurang Dwivedi, Prajit Chaturvedi
Counsel for Opposite Party(s) : Arvind Kumar Srivastava, Devendra
Singh
Court No. - 54
HON'BLE ANIL KUMAR-X, J.
1. Case called out. None appears for the revisionist even in revised call.
Learned counsel for the respondent no.1 is present.
2. On earlier occasion, learned counsel for the revisionist had sent his
illness slip on which a specific direction was made by this Court that in
case learned counsel for the revisionist remains absent on the next date,
appropriate orders after hearing the counsel for respondent no.1 will be
passed by disposing of this revision.
3. Since today also, no one appeared for the revisionist, the matter is taken
up in terms of the previous order and the learned counsel for the respondent
no.1 is heard.
4. This civil revision has been filed against the judgment and order dated
22.05.2026 passed by the learned Additional District Judge, Fast Track
Court, Mahoba in Election Petition No.01 of 2021 (Prabhat Pathak Vs.
Raju Singh @ Avnindra Singh and Others), whereby the Amendment
Application dated 20.05.2026 filed by revisionist, has been rejected.
5. Learned counsel for the respondent submitted that the amendment
application filed by the revisionist, who happens to be the respondent no.1
in the election petition, has been dismissed by the trial court by assigning
proper reasons. The facts sought to be brought on record in the written
statement by means of the amendment application were not related to the
actual dispute involved in the election petition.
CLRE No. 81 of 2026
2
6. Heard learned counsel for respondent No. 1 and perused order dated
22.05.2026 passed by the trial court.
7. The amendment application filed on behalf of the revisionist was also
considered by this Court. It appears that additional paragraphs were
sought to be incorporated in paragraph 30 of the written statement, Paper
No. 49-Ka/1. Perusal of the said proposed pleadings prima facie shows
that the said pleadings consist of allegations which have been made
against other defendant by attributing criminal antecedents to him.
8. This Court is of the view that incorporating criminal history or criminal
antecedents of a candidate has no relevance to the issues which are the
real dispute in an election petition. The rejection of the amendment
application filed by the revisionist by the learned trial court, therefore,
does not warrant any interference.
9. Accordingly, this civil revision is dismissed and order dated
22.05.2026 passed by the trial court rejecting the amendment application
of the revisionist is affirmed.
(Anil Kumar-X,J.)
September 23, 2026
SK
Digitally signed by :-
SUSHEEL KUMAR
High Court of Judicature at Allahabad
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