MAHENDRA KUMAR Vs. ARJUN KUMAR

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the order dt. 31.05.2013 passed by learned Civil Judge (Senior Division), Mount Abu - Camp Abu Road, District Sirohi (for short 'the trial Court' hereinafter), whereby the learned trial Court has rejected the application filed by the petitioner under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure. Brief facts of the case are that respondent -No. 1 -Arjun Kumar had filed an Election Petition No. 11/2010, while challenging the election of the petitioner on the post of Sarpanch of Gram Panchayat, Dhanari, Panchayat Samiti, Abu Road, District Sirohi and the said election petition is pending trial in the trial Court. In the aforesaid election petition, the respondent No. 1 has impleaded the petitioner - returned candidate and the Returning Officer of the said election by name as party respondent.

(2.) THE petitioner has moved an application under Order VII Rule 11 read with Section 151 CPC and has prayed for dismissal of the election petition on the ground that the election petitioner has not made the State Government as party respondent in the election petition, though as per Section 79 of the Code of Civil Procedure, the State Government is a necessary party in a suit preferred against the State Government. It was also contended in the said application that before filing of the election petition, the election petitioner had not given any notice as contemplated under Sec. 80 of the Code of Civil Procedure and, therefore, on this count also, election petition of the election -petitioner is liable to be rejected.

(3.) THE learned trial Court proceeded to decide both the applications preferred by the petitioner under Order VII Rule 11 of the Code of Civil Procedure and by the respondent No. 1 under Order I Rule 10 CPC vide order dt. 31.05.2013 and has rejected both the applications.