DEVENDRA PATEL Vs. RAM PAL SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The only argument canvassed by the learned counsel for the appellant is that Jaswant Singh whose nomination was rejected must be regarded as a 'candidate' for the purpose of Section 82(b) of the Representation of the People Act, 1951 (for short, '1951 Act') and since he has not been joined as a party respondent in the election petition although there is allegation of corrupt practice against him, the election petition is liable to be rejected.

(3.) The High Court has considered this question and, relying upon the decision of this Court in Mithilesh Kumar Sinha Vs. Returning Officer for Presidential Election & Others, 1993 AIR(SC) 20 held that Jaswant Singh could not be regarded as a 'candidate' as defined in Section 79(b) for the purpose of Section 82(b) and overruled the objection regarding non-joinder of Jaswant Singh.