PRAVEEN KUMAR Vs. MOHD NAUSHAD

JUDGEMENT

(1.) The order impugned is the order dated 13.11.2007 whereby the application of the applicant/respondent No. 4/ Praveen Kumar filed under Rule 81 of the Delhi Municipal Council (Election of Councilors) Rules (hereinafter referred to as the said Rules) and Sections 15 & 17 of the Delhi Municipal Corporation Act, 1948 (DMCA) read with Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as the Code) had been dismissed.

(2.) Briefly stated the petitioner Mohd. Naushad along with respondent No. 4 had contested the election in the MCD Ward No. 76 (Deputy Ganj), Delhi. Respondent No. 4 had been declared as the successful elected candidate. The petitioner had lost the election; he had filed the present election petition contending that respondent No. 4 had malafidely concealed certain facts; he was in fact disqualified for the membership; prayer was that the election of respondent No. 4 be set aside.

(3.) Before filing the written statement the applicant/respondent No. 4 had filed the aforenoted application. His contention was that the mandatory provisions of Sections 15(3) & 15(4) of the DMC Act have been contravened as also the provisions of Rule 81 of the said Rules. It was pointed out that besides the petitioner, respondents No. 4 to 13 as also three more persons had filed their nominations; those three persons had subsequently withdrawn their nominations but in terms of Rule 15 (3) they were necessary parties as they were duly nominated candidates at the election and non-joinder of these necessary parties has gone to the root of the matter; election petition was liable to be dismissed. Further contention was that the petition has not been verified in accordance with the provisions of Section 15 (4)(c) of the DMC Act.