RAM PRAKASH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent No. 9.

(2.) It appears that election case No. 9 of 2001 was tiled by one Ram Narain Yadav, who is respondent No. 9 in the matter and election case No. 10 of 2001 has been filed by respondent No. 7, Devendra Yadav. The respondent No. 7, Devendra Yadav, made an application in election matter that he be allowed to withdraw the election petition. The application was opposed by respondent No. 9, submitting inter alia that looking to the nature of the allegation the election petitioner could not be allowed to be withdrawn. He, however, also made an application that he be allowed to be transposed from his capacity, as a defendant to the arrary of the election petition. The learned Court below after hearing the parties and taking into consideration that election of the present writ petitioner has also been impugned in election case No. 10 of 2001, rejected the application for withdrawal of the election petition and allowed the application for transposition.

(3.) Being aggrieved by the said order the returned candidate, Ram Prakash Thakur is before this Court.