SHREEDHAR SHANAI Vs. CHIEF ELECTORAL OFFICER

JUDGEMENT

(1.) This is an application filed by the petitioner for impleading the Election Commissioner of India as respondent No. 5. In the application, it is stated that the petitioner has alleged in the petition "Chemicalisation of Ballot Papers" against the respondents and that the Court also indicated that the Election Commission should be impleaded as respondent.

(2.) In the Election Petition, the petitioner has averred in paras 7 to 11 thus:

(3.) It is contended on behalf of the respondents that as the Election Commission does not fall either under Section 82 or 86(4) of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act') it cannot be impleaded as a Party to the Election Petition having regard to a decision of the Supreme Court in JYOTI BASU AND ORS. v. DEBI GHOSAL AND ORS AIR1982 SC 983 , 1982 (1 )SCALE115 , (1982 )1 SCC691 , [1982 ]3 SCR318 , 1982 (14 )UJ186 (SC ). Sri B.T. Parthasarathy, learned Counsel appearing for the 4th respondent has also placed reliance on the two other decisions of the Supreme Court in K. VENKATESWARA RAO AND ANR. v. BAKKAM NARASIMHA REDDU AND ORS AIR l969 SC 873. and UDHAV SINGH v. MADHAVA RAO SCINDIA AIR1976 SC 744 , (1977 )1 SCC511 , [1976 ]2 SCR246 .