DEVILAL Vs. KINKAR NARMADAPRASAD

JUDGEMENT

(1.) The question for consideration in this election petition is whether non-joinder of Ramgir Goswami as a party to the petition, should entail its dismissal under Section 86 of the Representation of the People Act, 1951.

(2.) Admittedly Ramgir Goswami had filed his nomination paper on 1-5-1980 which the Returning Officer, after scrutiny, had accepted. Ramgir Goswami later withdrew his candidature. The allegations in the petition are that Ramgir Goswami began supporting the returned candidate and had committed certain corrupt practices. Ramgir Goswami has not been made a party to the petition.

(3.) It is settled law that the word 'candidate' as defined in Section 79 (b) of the Representation of the People Act includes a candidate who has withdrawn his candidature, and that he would be a necessary party to an election petition if allegations of corrupt practice are made against him. Section 82 (b) of the Representation of the People Act requires that such a candidate must be made a party. Non-joinder entails dismissal of the petition under Section 86 of the Representation of the People Act. (See: Mohansingh v. Bhanwarilal (AIR 1964 SC 1366). Aminlal v. Hunna Mal (AIR 1965 SC 1243), Har Swarup v. Brij Bhushan Saran (AIR 1967 SC 836), Mohan Raj v. Surendra Kumar Taparia (AIR 1969 SC 677) and Kashinath v. Smt. Kudsia Begum (AIR 1971 SC 372) and Udhav Singh v. Madhav Rao Scindia (AIR 1976 SC 744)).