RAJENDRA PRASAD Vs. SUB DIVISIONAL MAGISTRATE, PHOOLPUR, ALLAHABAD

JUDGEMENT

(1.) Heard Sri Raj Karan Yadav, learned counsel for the petitioner and learned standing counsel.

(2.) Sri Yadav, learned counsel for the petitioner, on the strength of the judgments of the Apex Court in the case of Patangrao Kadam v. Prithviraj Sayajirao Yadav Deshmuk, 2001 3 SCC 594 and of this Court in the case of Ramanand Gaur v. Ram Sanehi and others, 2012 115 RevDec 794, submitted that on the facts of the present case, the Tribunal ought to have directed the election petitioner to implead Rakesh Kumar as one of the respondents.

(3.) Rule 3(2) of the U.P. Panchayat (Settlement of Election Disputes) Rules, 1994 reads as under: