LAWS(ALL)-2012-2-118

RAMANAND GAUR Vs. RAM SANEHI

Decided On February 09, 2012
RAMANAND GAUR Appellant
V/S
RAM SANEHI Respondents

JUDGEMENT

(1.) Petitioner before this Court was elected as Pradhan of the village Chutka Gaon as per the results of the elections declared on 28.10.2010. Respondent no. 1 Ram Sanehi, who was the defeated candidate, filed an election petition under Section 12-C of the U.P. Panchayat Raj Act, which was registered as Election Petition No. 1 of 2010.

(2.) The reliefs prayed for in the election petition are as follows:

(3.) The petitioner on service of the notice filed application dated 17th June, 2011 stating therein that the election petition suffers from the vice of non-joinder of necessary party, inasmuch as three other persons, who were candidates in the said election, have not been made a party as required by Rule 3 of the U.P. Panchayat Raj (Settlement of Election Disputes) Rules, 1994. It was, therefore, contended that in absence of necessary parties, the election petition itself was liable to be dismissed.