CHANDRESHWAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 29.9.2001 passed by the Munsif, 1st, Hajipur in Election Petition (T.S.) No. 68 of 2001 whereby the application filed by the petitioner for dismissal of the application for non -joinder of necessary party has been rejected.

(2.) SHORT facts giving rise to the present application are that the petitioner, hereinafter referred to as the 'returned candidate ', has been elected as Mukhiya of Awdharware Panchayat on 23.4.2001. In the said election, respondent no. 5 (hereinafter referred to as election petitioner), was also a candidate. He filed application challenging the slection of returned candidate before the Munsif -I, Vaishali at Hajipur which was registered as Election Petition (T.S.) No. 68 of 2001. The relief sought for by the election petitioner in the said election petition was to declare him to have been duly elected to the office of the Mukhiya of the Gram Panchayat and the returned candidate 'selection null and void.

(3.) MR . Gupta appearing on behalf of the returned candidate submits that besides the relief of declaring the election of the returned candidate null and void, the election petitioner had also sought for the relief that he may be declared to have been duly elected and as such all the contesting candidates were necessary party, hence learned Munsif erred in rejecting the prayer of the returned candidate to dismiss the election petition. In support of his submission he has placed reliance on a judgment of this court in the case of Md. Zakir Hussain vs. Hareshwar Prasad Singh and others 2001 (4) RL.J.R. 713 and my attention has been drawn to para -14 of the judgment which reads as follows: