PATANGRAO KADAM versus PRITHVIRAJ SAYAJIRAO YADAV DESHMUKH AND ORS.

PATANGRAO KADAM versus PRITHVIRAJ SAYAJIRAO YADAV DESHMUKH AND ORS.

A withdrawn candidate, against whom allegations of corrupt practice are made, does not cease to be a 'candidate' under Section 79(b) and must be impleaded as a party in the election petition as required by Section 82(b); failure to do so is fatal and mandates dismissal.

Parties
Appellant: Patangrao Kadam; Respondent No. 1: Prithviraj Sayajirao Yadav Deshmukh; Advocate: Nikhil Sakhardande; Advocate: Ms. Meenakshi Sakhardande; Advocate: Ms. Poonam; Advocate: Mrs. V.D. Khanna; Advocate: S.V. Deshpande; Advocate: Pramit Saxena; Advocate: L.M. Acharya; Advocate: Ms. Anuradha Rastogi; Advocate: S.M. Jadhav
Jurisdiction
India
Judgment Date
26 February 2001
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals dismissed
Legal Topics
Representation of People Act, Election Petition, Corrupt Practices, Non Joinder of Necessary Party, Meaning of Candidate
Election Law Representation of People Act Election Petition Corrupt Practices Non Joinder of Necessary Party Meaning of Candidate

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Parties

Patangrao Kadam

Appellant

Prithviraj Sayajirao Yadav Deshmukh

Respondent No. 1

Nikhil Sakhardande

Advocate

Ms. Meenakshi Sakhardande

Advocate

Ms. Poonam

Advocate

Mrs. V.D. Khanna

Advocate

S.V. Deshpande

Advocate

Pramit Saxena

Advocate

L.M. Acharya

Advocate

Ms. Anuradha Rastogi

Advocate

S.M. Jadhav

Advocate

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Is failure to join a withdrawn candidate, against whom corrupt practice is alleged, as a party to the election petition fatal to its maintainability?
  2. 2 Does a withdrawn candidate continue to be a 'candidate' within the meaning of Section 79(b) of the Representation of People Act, 1951 for the purposes of Section 82(b)?

Ratio Decidendi

A withdrawn candidate, against whom allegations of corrupt practice are made, does not cease to be a 'candidate' under Section 79(b) and must be impleaded as a party in the election petition as required by Section 82(b); failure to do so is fatal and mandates dismissal.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed; no order as to costs.