MAMTA Vs. SANTOSH AND OTHERS

JUDGEMENT

(1.) This revision petition has been filed by the petitioner aggrieved against order dated 10.08.2015 passed by the Senior Civil Judge, Jodhpur ('the Judge'), whereby, the application filed by the petitioner under Order 7, Rule 11 Code of Civil Procedure read with Orde XXVII, Rule 5A, Section 79 and Order I, Rule 9 Code of Civil Procedure has been rejected.

(2.) The respondent - election petitioner filed election petition under Sec. 43 of the Rajasthan Panchayati Raj Act, 1994 ('Act of 1995') read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (Rules of 1994') seeking inspection and recount of the ballots cast at the election and claiming declaration as elected Sarpanch and setting aside of election of the returned candidate; the election petitioner impleaded the District Election Officer (Panchayat) as non-petitioner No.1 and Dr. Sampat Raj, the Returning Officer as non-petitioner No.7 to the election petition.

(3.) The petitioner on being served with the election petition, filed application under Order 7, Rule 11 Code of Civil Procedure and other provisions, inter alia, indicating that the election petitioner has impleaded the District Electoral Officer and Returning Officer as non-petitioner Nos.1 and 7 and relief has been claimed against them; provisions of Code of Civil Procedure have been made applicable to the election petition and, in view thereof, as the election petitioner has not impleaded the State of Rajasthan as party, the same was liable to be dismissed for non impleadment of necessary party under Order 27, Rule 5A Code of Civil Procedure read with Sec. 79 and Order I, Rule 9 CPC.