KARAN SHARMA Vs. RAGHUNATH AGARWAL

JUDGEMENT

(1.) This civil misc. appeal filed under Sec. 32 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as "the Act of 2009") against the order dtd. 12/7/2021 whereby the application of the respondent moved under Order 1 Rule 10 (2) CPC was allowed and the names of defendant Nos.1 and 2 were deleted from the array of defendants.

(2.) Brief facts of the case are that the plaintiff-respondent filed an election petition before the Election Tribunal against the election of the petitioner as Member Ward No.134. An election petition was filed under Sec. 31 of the Act of 2009 and in accordance with Rajasthan Municipalities Election Petition Rules, 2009 (hereinafter referred to as "the Rules of 2009"). At the time of filing of the election petition, he impleaded the Returning Officer and District Election Officer as the defendant nos.1 and 2 apart from the other defendant as well as the petitioner who participated in the election.

(3.) The petitioner submitted his written statement but did not object to the impleadment of the defendant nos.1 and 2 to the election petition, however, an application was moved by the Public Prosecutor before the Election Tribunal under Order 1 Rule 10 (2) read with Sec. 151 CPC for deleting the defendant nos.1 and 2 from the array of defendants. Consequent thereto, after hearing the parties, the application was allowed on 12/7/2021 and the name of defendant nos.1 and 2 was struck off from the array of defendants. Learned counsel for the petitioner submits that while deleting the defendant Nos.1 and 2, learned Tribunal has fallen in error in relying on judgment which were in relation to the Representation of People Act, 1951 (hereinafter referred to as "the Act of 1951") and the provisions contained under the Act of 1951 are different from the Rajasthan Municipalities (Election) Rules, 1994 (hereinafter referred to as "the Rules of 1994") and therefore there was no requirement to delete the said two defendant Nos.1 and 2.