VIJAY BABURAO KAMBLE Vs. MADHUKAR SARPOTDAR

JUDGEMENT

(1.) THIS petition is being disposed of on an application submitted by and on behalf of the 1st respondent under section 86 (1) of the Representation of the People Act, 1951, (hereinafter for the sake of brevity referred to as the said Act) for non-joinder of the necessary party, namely Subhash Martand Parkar, one of the duly nominated candidates for the constituency in question and who was later on appointed as Election Agent, after he withdrew his nomination, by returned candidate, - the 1st respondent herein, and who acted as an Election Agent for the 1st respondent, as mandated by the provisions of section 82 (2) of the said Act.

(2.) THIS petition is filed in the year 1990. Recording of the evidence is over. The application in terms aforesaid is moved at the stage of its arguments.

(3.) ALTHOUGH a detailed reference in respect of factual aspects may not be necessary for the purpose of disposal of this application, certain facts as are considered relevant and necessary have been adverted to.