Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------S.2(viii)---"Contesting candidate"---Connotation---Person whose name had been deleted from election petition had been a validly nominated candidate who had not withdrawn his candidature and had secured a few hundred votes during election---Such person for all intents and purposes was a "contesting candidate" and, thus, necessary party to election petition. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss.54 & 63---Election petition---Non-joinder of necessary party in election petition---Effect---Non-joinder of necessary party would entail dismissal of election petition---Provisions contained in Ss.54 & 63 are mandatory in nature and not merely directory---Non-joinder of contesting candidate in election petition would result in its dismissal---Where contesting candidate was joined in election petition at initial stage and thereafter, his name was deleted at instance of petitioner, there was no compliance of provision of S.54, Representation of the People Act, 1976 and election petition was liable to be dismissed on that score---Election Tribunal had deleted contesting candidate's name at the request of petitioner and had not done so suo motu---Deletion of name of respondent was not mistake of Election Tribunal but blunder of petitioner---Presumption would be that provisions of Ss.54 & 63 of the Act were within knowledge of petitioner and despite that knowledge if he had made request before Election Tribunal for deletion of name of one of contesting candidates, he was responsible for consequences---Returned candidate was not obliged to point out to Tribunal that such action of petitioner would entail dismissal of his election petition. (c) Representation of the People Act (LXXXV of 1976)--- ----S.52 (2)---Civil Procedure Code (V of 1908), O.I., R. 10---Election petition---Reinstatement of deleted respondent in election petition ---Limitation--­Period of limitation for filing election petition was 45 days which was to be counted from date of publication in Official Gazette of name of returned candidate---Petitioner's application for reinstatement of respondent in election petition…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492