LAWS(MPH)-1997-3-60

DISTRICT ELECTION OFFICER Vs. RAM BABU DEWALIA

Decided On March 14, 1997
District Election Officer Appellant
V/S
Ram Babu Dewalia Respondents

JUDGEMENT

(1.) THE revision is directed against the order dated 2.11.96 which is as extracted below: -

(2.) AN election petition was tiled by the non -applicant Ram Babu Dewalia challenging the election of Amarjeet from Ward No. 23, Municipal Council, Tikamgarh wherein the present applicants District Election Officer, Nagar Palika Parishad, Tikamgarh, Returning Officer, Nagar Palika Prishad, Tikamgarh and Sub -Divisional Officer and Registration Officer, Nagar Palika Parishad, Tikamgarh were made the respondents No. 6, 7 and 8 respectively.

(3.) ACCORDINGLY , the present applicants have been illegally impleaded as respondents, as, according to him, in sub -section (4) clauses (a) and (b) of word "candidate" means a candidate at the election and not other persons who are not the candidates at the election. In clause (b), the words "other candidate" have been used for the purpose of allegations of corrupt practice, as those person against whom allegations of corrupt practice are made; and when a declaration is sought that he himself or any other candidate has been duly elected or selected, then, all the candidates are to be made parties to the election petition, and where no such further declaration is claimed, all the returned candidates are to be made parties to the election petition.