RAMA BANJARA Vs. KANCHHEDILAL

JUDGEMENT

(1.) PETITIONER was elected as the Sarpanch of the Gram Panchayat, Parasi which was reserved for the members of the schedule tribe. Respondent no. 1 (hereinafter referred to as the election petitioner) challenged the petitioner's (returned candidate) election in an application filed under section 122 of the M.P. Panchayat Raj Act (hereinafter referred to as the Act) for declaring the election of the returned candidate as null and void as also for his declaration as the Sarpanch of the Gram Panchayat. Election Tribunal (Sub Divisional Officer) by order dated 26.6.1995, after holding that the election petitioner is not a member of of scheduled tribe but of other backward class set aside his election and declared the election petitioner to have been elected as the Sarpanch of the Gram Panchayat. It is common ground that there were other candidates who were nominated at the election, but were not impleaded as party Returned candidate being aggrieved by setting aside of his election as also declaration of the election petitioner, as the Sarpanch of the Gram Panchayat has preferred this writ petition under Article 227 of the Constitution of India.

(2.) SHRI L.S. Baghel, in support of the writ petition, raises a very short point. He submits that Rule 4 of the Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1991 (hereinafter referred to as the Rules) contemplates that when the election petitioner claims a further declaration that he himself or any other candidate has been duly elected, he shall join as respondent to his petition all other candidates who were nominated at the election. It has been stated by the petitioner that other candidates were not joined as respondents and tins fact has not been controverted by the returned candidate. Accordingly it has to be held that all the candidates were not impleaded as respondents although the election petitioner made a prayer that he declared as duly elected. Shri Jaiswal, however, appearing on behalf of election petitioner submits that the question of non -joinder of other candidates in the election petition, was not raised during the trial of the election petition and in that view of the matter, the said point cannot he allowed to he agitated for the first time before this Court in the writ petition.

(3.) IN the result, the writ petition is allowed and the order dated 26.6.1996 passed by the Sub -Divisional Officer cum Prescribed Authority (Annexure P -1) is quashed. However, in the facts and circumstances of the case, there shall be no order as to cost.