DEVRAM SOMAJI PATIDAR Vs. SADU CHENAJEE

JUDGEMENT

(1.) THE petitioner, who is an elected member of Nisarpur Janpad Panchayat, has filed this Writ Petition for dismissal of the election petition filed before the Collector, Dhar, challenging his election in Case No. 8/93-94/c-144, in the following circumstances.

(2.) ACCORDING to the petitioner, besides him, Respondents Nos. 1 to 5 were the candidates for election to Nisarpur Janpad Panchayat. The election of the said Janpad Panchayat was held on 23-5-1994 and the petitioner was declared elected on 24-5-1994. The notification declaring his election was notified on 30-6-1994. His election was challenged by Respondent No. 1 by filing Election Petition No. 8/93-94/c-144 before Respondent No. 8, Collector, Dhar. On receipt of the notice on 19-8-1994 the petitioner appeared before the Collector, on the same day and stated that Respondents Nos. 4 and 5, who were the candidates in the election, have not been impleaded as parties, which was mandatory in view of Rule 4 of M. P. Panchayat (Election Petitions, Corrupt Practices and Disqualification of Membership) Rules, 1991 (hereinafter referred as '1991 Rules') and consequently prayed for dismissal of the election petition. It was further averred that in the election petition, Respondent No. 1 has sought declaration that he be declared as elected and, therefore, all the candidates including Respondents Nos. 4 and 5 ought to have been added as a party and failure to do the same renders the election petition defective and the same was fit to be dismissed on this score alone.

(3.) IT is relevant here to state that the election petition was filed on 20-7-1994 and Respondent No. 1 on 16-9-1994 filed an application under Order 6, Rule 17, Civil Procedure Code for joinder of Respondents Nos. 4 and 5 herein as parties. As stated earlier, the petitioner also filed an application on 19-8-1994 for dismissal of the election petition for failure to implead all the candidates and the prescribed authority by its order dated 7-10-1994 allowed the application of Respondent No. 1 for joinder of Respondents Nos. 4 and 5 as party in the election petition.