HAR SARUP Vs. BRIJ BHUSHAN SARAN

JUDGEMENT

(1.) This is an appeal under the Representation of the People Act against an order of the Election Tribunal Bijnor dismissing an election petition.

(2.) Of a number of candidates for election to the U. P. Legislative Assembly from the Dehra Dun City constituency, the first respondent Brij Bhushan Sharma was declared elected. His election was challenged by an election petition filed by the present appellants, and among the several allegations contained in that petition it was alleged in paragraph 4(F) : "Because respondent No. 1 through his agent and worker Shri Katuri Vaid, who is also President of City Congress Committee with the consent and connivance of respondent No. 1 threatened on the 15th February, 1962, at Dharampur, Dehra Dun, one Sri Jai Lal Khandelwal, an elector that his bones would be broken if he did not cast his vote for respondent No. 1 and also did not work for him and persuade others to vote for him."

(3.) A number of persons were impleaded as respondents to the election petition but Raturi Vaid was not impleaded. The first respondent raised an objection in his written statement that the election petition was liable to be dismissed on account of the omission to implead Raturi Vaid as respondent. The Election Tribunal framed a number of issues, including an issue on this question, and ultimately held that the petition was liable to be dismissed for non-joinder of the said Raturi Vaid.