MOHAN RAJ versus SURENDRA KUMAR TAPARIA & ORS.

MOHAN RAJ versus SURENDRA KUMAR TAPARIA & ORS.

A duly nominated candidate, even if withdrawn, remains a candidate for the purposes of joining parties under s. 82(b) of the Representation of the People Act. If allegations of corrupt practice are made against him, he is a necessary party, and omission to join him mandates dismissal of the election petition under s. 86(1). Amendment or striking out parties cannot cure this defect, as the statutory provision is peremptory and overrides Civil Procedure Code.

Parties
Appellant: Mohan Raj; Respondent No 1: Surendra Kumar Taparia; Respondent No 2: Respondent No. 2 (deceased)
Jurisdiction
India
Judgment Date
12 August 1968
Procedural Posture
Civil Appeal / Appeal From Rajasthan High Court's Dismissal of Election Petition
Outcome
appeal dismissed
Legal Topics
Non Joinder of Necessary Party, Corrupt Practices, Amendment of Election Petition, Representation of the People Act
Election Law Non Joinder of Necessary Party Corrupt Practices Amendment of Election Petition Representation of the People Act

Case Brief

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Parties

Mohan Raj

Appellant

Surendra Kumar Taparia

Respondent No 1

Respondent No. 2 (deceased)

Respondent No 2

Procedural Posture

Civil Appeal / Appeal From Rajasthan High Court's Dismissal of Election Petition

Legal Issues

  1. 1 Whether a candidate who has withdrawn must be joined as necessary party under s. 82(b) when allegations of corrupt practice are made against him
  2. 2 Whether amendment or striking out parties can save an election petition from consequences of non-joinder under s. 86(1) of Representation of the People Act

Ratio Decidendi

A duly nominated candidate, even if withdrawn, remains a candidate for the purposes of joining parties under s. 82(b) of the Representation of the People Act. If allegations of corrupt practice are made against him, he is a necessary party, and omission to join him mandates dismissal of the election petition under s. 86(1). Amendment or striking out parties cannot cure this defect, as the statutory provision is peremptory and overrides Civil Procedure Code.

Court Disposition

appeal dismissed

Orders

  • Appeal is dismissed with costs.