JUDGMENT

V. R. KRISHNA IYER, J.:— An election petition became an infant casualty because of an alleged non-joinder of a necessary party as visualised by S. 82 (b) of the Representation of the People Act, 1951 (the Act, hereafter). That premature dismissal, by-passing investigation into the merits, has driven the petitioner-appellant to this Court where he has urged that the ends of law and justice have been stultified by the strangely technical view taken by the High Court in its dismissal order.

2. A few facts, and then, a brief discussion, the point being res integra so far as this Court is concerned. The appellant before us is the election petitioner, having been a defeated candidate in the General Elections held in June, 1977. There were quite a few candidates, including one Shri Mal Singh, who appears to have retired from the contest for the seat although duly nominated as a candidate. The respondent was returned as the successful candidate and the disappointed petitioner challenged the election by filing a petition wherein, inter alia, he made allegations constituting a corrupt practice against the returned candidate and Shri Mal Singh. To such a pleading S. 82 is attracted. T