ELECTION OFFICER Vs. PARBATBHAI SAVABHAI PATEL

JUDGEMENT

(1.) The present Applicant / Original Respondent No.14 - Election Officer, Banaskantha in Election Petition No.5 of 2019 has filed the present Election Application for the prayers as mentioned in paragraph 6 and 7, which reads as under:

(2.) Heard learned Advocate Mr. Sahil M. Shah for the Applicant and learned Advocate Mr. R.J.Goswami for Opponent No.1. Though Notice is duly served to Opponent Nos. 2 to 13, they have chosen not to remain present. No Notice is also served to Opponent Nos. 14 and 15. Heard Opponent No.16 Madhu Nirupaben Natvarlal appearing as party-in-person.

(3.) Learned Advocate for the Applicant has submitted that Madhu Nirupaben Natvarlal - Party-in-Person in Election Petition No.5 of 2019 (hereinafter referred to as "the Election Petition") has impleaded amongst others the present Applicant - Election Officer, Banaskantha as Respondent No.14 in the Election Petition. It is submitted that there is no requirement to join the present Applicant Election officer in the said Election Petition. That the joining and mis-joinder of parties is not regulated by the Code of Civil Procedure (hereinafter referred to as "the Code") as the Representation of the People Act, 1951 (hereinafter referred to as "the RP Act") is a self-contained Code. As per Sec. 82 of the Act, there is a provision as to who may be joined as party. No other person is required to be joined as party except candidates who contested the election. Learned Advocate for the Applicant has referred to and relied upon several judgments which will be discussed herein after.