RAM SHANKAR CHAUDHARY Vs. RAMA SHANKAR SINGH

JUDGEMENT

(1.) L . In this election petition, Respondent No.1 is the returned candidate. Respondents No.2 to 9 are the persons whose nomination papers for candidature at the election in question were declared valid. Respondent No. 10 is the Returning Officer and Respondent No.11 Raj Narain is a person who was not a candidate at the election in question.

(2.) RESPONDENT No.1 and respondent No.11 have, inter -alia raised an objection to the effect that joinder of respondent No.11 constitutes contravention of section 82 of the Representation of People Act. 1951 (hereinafter referred to as the Act) on the basis of the aforesaid objection, issue No.3 has been, framed. It runs as under: -

(3.) SHRI J.P. Goyal, learned counsel for Respondent No. 11 although argued that the petition does not contravene section 82 of the Act because of Joinder therein of Respondent No. 11; yet in view of combined effect of section 82, 84, 86 (4), 87 and 99 of the Act, Respondent No.11, being not a candidate at the ejection, cannot be joined in the petition as Respondent in the hope of his being named by the Court as a person guilty of corrupt practice at the conclusion of trial and at the time of making an order under section 98 of the Act. Therefore, name of respondent No.11 deserves to be struck off from the array of respondents and the relief contained in para No.30 (d) of the petition also deserves to be ordered to be struck out.