GOVARDHANLAL NANDLAL GUPTA Vs. RAMCHARAN DALLURAM SAHU

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution has been filed by the petitioners for a writ of ccrtiorari quashing the order dated 28-11-1960 passed by the respondent No. 3 as an Election Tribunal under Section 20-A of the M. P. Municipalities Act.

(2.) PETITIONER No. 1, Goverdhanlal was duly elected as a member of the Municipal committee, Bilaspur, on 25-5-1959, from Ward No. 10. Respondent No. 1, ramcharan who had contested the election, filed an election petition before the respondent No. 3, challenging the validity of the election and also praying that in case the election was set aside, he should be declared as properly elected. The petitioner No. 2, Laxmi, who was also a candidate at the election, raised a preliminary objection that respondent No. 2 Kanhaiyalal, who was a duly nominated candidate for the election but had withdrawn from the contest, was a necessary party. The Election Tribunal passed the impugned order dated 28-111960, holding that Kanhaiyalal was not a necessary party.

(3.) THE only question which arises for decision in this petition is whether a candidate who has been duly nominated for election but has withdrawn from the contest is a necessary party and the failure to implead him is fatal to the application under Rule 3 (b) of the Municipal Election Petition Rules, 1947, printed on page 292 of the M. P. Municipal Manual.