SREEKUMAR MUKHERJEE Vs. ZAINEL ABEDIN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of an order dated 2/9/1997 in G. A. No. 2410/1997 in Election Petition No. 7/96 passed by the High court of Calcutta.

(3.) The appellant herein made an application for the dismissal of the above Election Petition under Section 86 (1 read with Section 82 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act'). The contention of the appellant in the said application was that in the election petition filed on 21/6/1996, the election petitioner had not impleaded all the necessary parties as is required under the law and as such the petition was liable to be dismissed, ignoring an impleadment application which was filed by Mostiga Molla, respondent No. 8 herein, which application according to the appellant was wrongly allowed by the court on 27/8/1996 since the said application was beyond the period of limitation contemplated under Section 86 (4 of the Act.