MD ZAKIR HUSSAIN Vs. HARESHWAR PRASAD SINGH

JUDGEMENT

(1.) Heard the parties.

(2.) In an election petition filed under Section 140 of the Bihar Panchayat Raj Act, . 1993 (hereinafter to be referred to as 'the Act') respondent No. 5/eleclion petitioner joined certain persons as party, inter alia, pleading that as the respondent Nos. 6 to 15 had also contested the Election, they were necessary parties. Subsequent to closure of the evidence of the parties the election petitioner filed an application for deletion of respondent Nos. 6 to 15 from array of defendants. The said application was allowed by the learned Munsif acting as Election Tribunal. Being aggrieved by the said order the present petitioner (returned, candidate) has come to this Court under Article 227 of the Constitution of India challenging the correctness, validity and propriety of the said order.

(3.) At the very outset, learned Counsel for the respondent No. 5 submits that the plaintiff being dominus-litis cannot be asked to joint parties and if he had joined certain parties and at this stage he wants to delete certain persons from array of defendants, he cannot be compelled to continue with the said parties. He further submits that in accordance with the Rule 111 of Bihar Panchayal Nirwachen Rules, 1995 (hereinafter to be referred to as the Rules') the competent Court hearing election petition would be governed by the procedure under Civil Procedure Code, the writ petition is not maintainable and the only remedy available to the petitioner is to file civil revision under Section 115 of the Code of Civil Procedure.