RAMESH CHAND Vs. MAHENDER SINGH AND OTHERS

JUDGEMENT

(1.) Respondents No. 2 and 3 i.e. Returning Officer, 32 Dharampur Constituency and Election Commission of India have filed this application for deletion of their names on the ground that they are not necessary parties to the petition.

(2.) It is averred that as per the statutory requirements of the election laws, an election contest is not an action at law or a suit in equity but is purely a statutory proceeding unknown to the common law and even though the applicants may be proper parties under the Code of Civil Procedure but under the provisions of the Act, they cannot be made as parties to the election petition.

(3.) The petitioner/nonapplicant has opposed the application by filing reply wherein it is averred that respondents No. 2 and 3 being necessary parties to the litigation, their names cannot be deleted.