DURGA PRASAD CHOWDHARY Vs. MUKAT BEHARI LAL BHARGAVA

JUDGEMENT

(1.) This is an appeal under Section 116A of the Representation of the People Act, 1951.

(2.) The petitioner Durga Prasad filed an election petition on 24th April, 1957, under Section 81 of the Represenation of the People Act (No. XL1I1 of 196l, hereinafter to be referred to as the Act) with the prayer that the election of respondent No. 1, Shri Mukat Beharilal Bhargava, from the Ajmer Parliamentary Constituency in the General Election held in the months of February, March 1957, be set aside, and he may be further disqualified along with respondent No. 2, Mr. B.N. Bhargava, to stand for election for a period of six years, and it may also be declared that the respondents have committed corrupt practices. The allegations in the petition were contested by the respondents, and one of the objections raised was that Seth Sobhag Mal Lodha was a necessary party under Section 82 (b) of the Act, but he was not made a party. It was prayed that the petition should be dismissed under Section 90(3) of the Act. On behalf of the petitioner it was submitted that the allegations of corrupt practice were against the respondents to the petition, but not against Seth Sobhag Mal Lodha. The Election Tribunal by its order dated 12th November, 1957, held that the facts mentioned in the petition amounted to an allegation of corrupt practice against Seth Sobhagmal Lodha, who was also a candidate at the election, but had subsequently withdrawn himself, and that he was a necessary party under Section 82(b) of the Act, and as he was not made a party to the petition, the petition was dismissed in exercise of the powers under Section 90(3) of the Act.

(3.) The petitioner has filed this appeal on 10th December, 1957, urging that the finding of the learned Election Tribunal was erroneous, and should be set aside.