DAHYABHAI VALLABHAI PATEL Vs. LALUBHAI PATEL

JUDGEMENT

(1.) This is an application filed by Respondent Nos. 2 and 3 for deleting their names from the array of Respondents in the Election Petition. The learned counsel appearing for the Petitioner fairly conceded to delete Respondent No.2 - Chief Election Commissioner, Delhi. However, by referring to the allegations made in Paragraph Nos.11,13, 17, 19, 23 and 30 against Respondent No.3, he contended that such election observer, against whom allegations are made, which according to him goes to the root of the matter, is a necessary party and therefore there is no case made out to delete the name of Respondent No. 3.

(2.) An affidavit dated 2nd September, 2010 is also filed to oppose the present Application filed by Respondent Nos. 2 and 3.

(3.) The learned counsel appearing for Respondent Nos. 2 and 3 has strongly relied upon the provisions of The Representation of the People Act, 1951 (for short, the Act), basically Sections 82 and 86(4) which read as under:"