(1) THIS petition under Article 136 of the Constitution is directed against the order of a learned Single Judge of the High court of Andhra Pradesh dated 13/11/1990 holding that the Election Commission of India is not a necessary or proper party to the election petition.

(2) THE petitioner was declared elected as a Member of the Andhra Pradesh Legislative Assembly from Attakur Constituency of Nellore Dis- trict in the elections held on 29/11/1989. K. Anjaneya Reddy, respondent 2, the unsuccessful candidate filed an election petition before the High court of Andhra Pradesh at Hyderabad calling in question the petitioners election. In the election petition respondent 2 challenged validity of the order of the Election Commission dated 22/11/1989 declaring the polling at Bhogasamudram polling station as void and directing re-poll at that polling station. Respondent 2 impleaded the Election Commission of India as one of the respondents to the election petition. The Election Commission made application before the High court for deleting it from array of the parties on the ground that it was not a necessary party. The petitioner contested the application of the Election Com