VIDYACHARAN SHUKLA Vs. G. P. TIWARI

JUDGEMENT

(1.) IN the genera! elections held early this year Vidya Charan Shukla, the Petitioner was returned to the House of the People from the Mahasamund constituency on the Congress ticket. He polled 56,664 votes. His rival candidates, Khubchand Baghel Respondent No. 2 (Praja Socialist Party) secured 53,872; Indradeo Tandan Respondent No. 3 (Republican Party) 9,138; Dharamjit Singh Respondent No. 4 (Ram Rajya Parishad) 23.889; and Ramsingh Respondent No. 5 (Jan Sangh) 14,532 votes.

(2.) KHUBCHAND Baghel Respondent No. 2 filed an Election Petition challenging the aforesaid election on the ground of a corrupt practice -publication of a [pamphlet published in the name of one Tikamchand Jain, allegedly containing false and defamatory statement in respect of Khubchand Baghel. For our purposes it is unnecessary to set out the allegations contained in the Election Petition. Suffice to reproduce the prayer in verbatim:

(3.) ON July 13, 1962, instead of filing a written statement for which that date was fixed, he raised a preliminary objection by an application that the Election Petition could not be proceeded with inasmuch as the other contesting candidates had also been made parties which amounted to "direct violation of the mandatory provisions of Section 82 of the Act". The contention was that the Election Petition could be instituted only against the returned candidate and it was not permissible to join any of the other contesting candidates because there was no further prayer that the Petitioner or any other contesting candidate be declared duly elected. It was urged in the application that because of that defect the petition was not entertainable and was liable to be dismissed under Section 90(3) of the Act.