DAGADU MARUTI JADHAV Vs. NARENDRAPAL JASWANTPAL BARARA

JUDGEMENT

(1.) "(5) In every appeal under this Rule, the appellant shall join as respondent all the candidates (other than himself) whose nominations have been accepted by the Returning Officer".

(2.) The facts are few and can be stated to be undisputed. The petitioner is a resident of Nanded town. The election programme for the Municipality of Nanded was announced. Elections to the Municipality of Nanded were to be held and the election programme commenced on 23rd of March, 1985, which was the first day for filing the nomination papers. The last date for filing the nomination papers was 4th of April, 1985 by which date several persons had filed nomination papers for the election to ward No. 54. Of these persons, nomination papers of 10 were accepted. While doing so, on 6th of April, 1985, which was the date of the scrutiny of the nomination papers, the Returning Officer overruled the objection of the petitioner in respect of the nomination paper of the first respondent. Respondents Nos. 1 to 4 and other five candidates are those whose nomination papers have been accepted. The petitioner had objected to the candidature of the first respondents on the ground that the latter was interested in a contract which had been entered into with the Municipality.

(3.) Aggrieved by the aforesaid order of the Returning Officer, the petitioner preferred an appeal, being Miscellaneous Appeal No. 18 of 1985, to the District Judge under Rule 15 of the Election Rules. In the memo of the appeal, the petitioner had added only the first respondents among candidates whose nomination papers had been accepted. He had not added other eight persons as respondents. It has been mentioned in the judgment of the District Judge that the names of all the candidates whose nomination papers had been accepted by the Returning Officer were also presented on the same day, namely, on 9th of April, 1985, which was the last date for filing the appeal.