JAGAN NATH Vs. JASWANT SINGH

JUDGEMENT

(1.) This is an appeal by special leave against the decision of the Delhi Election Tribunal dated 11th November 1952 in Election Petition No. 10 of 1952.

(2.) The appellant Jagan Nath was elected a member of the Delhi State Legislative Assembly from Constituency No. 25 (Roshanara) of the Delhi State. The polling in this constituency took place on the 14th January 1952. On the 26th April 1952 which was the last date under the law for the presentation of an election petition, Jaswant Singh (Respondent No. 1) presented such a petition before the Secretary of the Election Commission at New Delhi challenging the election of the appellant and contesting the order of the Returning Officer rejecting his nomination paper.

(3.) On the 14th July 1952 the Election Commissioner appointed an Election Tribunal comprising Respondents 5 to 7. This appointment was published in the Gazette of India on the 26th July 1952 and the election petition after due publication was referred to the Tribunal. On the 26th August 1952 which was the first date of hearing before the Tribunal, the appellant raised a preliminary objection that the omission to implead Baijnath, a duly nominated candidate as a respondent in the petition was fatal to its maintainability. The petitioner contended that Baijnath was neither a necessary nor a proper party and that in any event the non-joinder of a party was not fatal to the petition in view of the provisions of Order I, Rule 9, C.P.C In the alternative, it was claimed that if it was considered that he was a necessary or a proper party, permission may be given to the petitioner to implead him.