ANUJ TYAGI Vs. DISTRICT ELECTION OFFICER

JUDGEMENT

(1.) The short controversy before the Court is - "As to whether by amendment application moved under Order VI Rule 17 CPC, amendment can be made in an election petition filed by an unsuccessful candidate impleading the other contesting candidates who were not initially joined in the election petition?"

(2.) Facts in brief, leading to the present case, are that an election for Corporator for Ward No. 87, Gyankhand Indirapuram, Ghaziabad was held on 11/5/2023. Counting was held on 13/5/2023 and result was declared and petitioner was declared to be successful getting 1291 votes, while the election petitioner, respondent no. 4 secured only 1181 votes.

(3.) An Election Petition No. 06 of 2023 was filed by respondent no. 4 in which only returned candidate/petitioner along with District Election Officer, Ghaziabad; State Election Commissioner, Lucknow and Returning Officer, Ward No. 87, Ghaziabad were made parties. For the election of Ward No. 87, seven candidates had contested the election, but petitioner had not impleaded the other five unsuccessful candidates as party in the election petition.