LAXMAN SINGH Vs. BHURA RAM AND ORS.

JUDGEMENT

(1.) Petitioner, an elected Sarpanch of Gram Panchayat Degana, has preferred this writ petition under Article 226 & 227 of the Constitution of India to assail impugned order dated 17th of September, 2015 passed by Senior Civil Judge, Merta (for short, 'learned Election Tribunal') rejecting his application under Order 1 Rule 10 read with Sec. 151 CPC in an election petition laid by first respondent.

(2.) The facts in brief are that first respondent filed an election petition against the petitioner under Sec. 43 of the Rajasthan Panchayati Raj Act, 1994 (for short, 'Act of 1994') read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (for short, 'Rules of 1994'). In the election petition, it is, inter alia, averred by the first respondent that returning officer has wrongly accepted nomination form of the petitioner, and therefore, his election is liable to be set aside.

(3.) In the election petition, petitioner submitted an application (Annex.3) under Order 1 Rule 10 CPC inter alia praying therein for impleadment of returning officer as party to the election petition. As per the version of the petitioner, in the election petition there are serious allegations against the returning officer, and therefore, his impleadment as party to the proceedings is necessary for complete and effectual adjudication of the lis involved in the matter.