HEMAL JAISWAL Vs. CHAKRADHAR

JUDGEMENT

(1.) With the consent of learned counsel appearing for the parties, the matter is heard finally. This petition under Article 227 of the Constitution of India is directed against the order dated 24.8.2013 passed by the Election Tribunal by which petitioner's prayer for framing additional issues has been rejected.

(2.) Respondent No. 1 filed an election petition against the petitioner and other contesting candidates in the matter of election to the office of Sarpanch of Gram Panchayat-Khajri. Though Election Tribunal framed certain issues on 9.7.2013, the petitioner dis-satisfied, moved an application for framing additional issues as below:

(3.) Assailing the correctness and validity of the impugned order, learned counsel for the petitioner submits that the basis on which the Tribunal has rejected the application is, on the face of it, perverse. The three issues which have been framed earlier, by no stretch of imagination, can be said to include an issue with regard to maintainability of the election petition on account of non-joinder of a particular Assistant Returning Officer. He submits that as the particular Assistant Returning Officer was involved in the process of election, therefore, it was necessary party, particularly in view of specific allegation made in the election petition.