RAMKUMAR AGARWALLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two writ applications were heard together as they deal with alleged said to have been committed in holding elections to Baigarh Municipality, in September-October, 1963. Strangely enough, the candidates who were declared successful and whose interests would be vitally affected if the petitioners succeed in their writ applications, have not been made parties. On the other hand in paragraph 18 of the writ petitions the petitioners merely stated that "if the Court so desired" the successful candidates may be made parties and also gave a list of the successful candidates (in Sch. A). There can be no question of the Court "desiring" certain parties to be included as parties and it is the duty of the petitioner seeking relief before this Court to implead all the necessary parties. It is well settled that a writ of mandamus will not issue in the absence of parties who are likely to be affected by the decision of the Court-See Sri Krishna Rice Mills, Tadepalligudem v. Deputy Director (Food) Govt. of India, AIR 1960 Andh Pra 431.

(2.) MR. Das wanted further time to enable him to implead all the necessary parties after notice to them. We are not inclined to allow this prayer at the belated stage. No satisfactory reasons have been given for the failure of the petitioners to implead the parties when they filed their writ petitions.