HARSH DEV SINGH Vs. UT OF JANDK

JUDGEMENT

(1.) I have heard the arguments advanced by learned counsel for the parties with reference to preliminary issue No.1. I have also perused record of the case.

(2.) Issue No. 1, which falls for determination, reads as under:

(3.) According to the learned counsel for respondent No. 10, there is mis-joinder of parties in the present case. He has submitted that the petitioner has not only impleaded the contesting candidates as the parties to the instant petition, but he has also impleaded as respondents the other parties including the officers and officials against whom allegations of impropriety have been leveled in the present election petition. The aforesaid contention of learned counsel for the respondent No.10 is based upon the interpretation of provisions contained in Sec. 82 of the Representation of People Act, 1951 (hereinafter to be referred to as "Act of 1951"), which deals with the parties, to an election petition. It has been contended that as per Sec. 82 of the Act of 1951, only the contesting candidates have to be impleaded as parties to an election petition. In this regard, learned counsel for respondent No.10 has placed reliance upon the judgments of the Supreme Court in the cases of Murarka Radhey Shyam Ram Kumar Vs. Roop Singh Rathore and anr, 1963 SCC Online SC 129, Joyti Basu Vs. Debi Ghosal, 1982 (1) SCC 691 and B.S. Yadiyurappa vs. Mahalingappa, 2002 (1) SCC 301.