JUDGMENT

R.M. LODHA, J.

Leave granted.

2. The only argument canvassed by the learned counsel for the appellant is that Jaswant Singh whose nomination was rejected must be regarded as a 'candidate' for the purpose of Section 82(b) of the Representation of the People Act, 1951 (for short, 1951 Act') and since he has not been joined as a party respondent in the election petition although there is allegation of corrupt practice against him, the election petition is liable to be rejected.

3. The High Court has considered this question and, relying upon the decision of this Court in Mithilesh Kumar Sinha Vs. Returning Officer for Presidential Election & Others, AIR 1993 SC 20 held that Jaswant Singh could not be regarded as a 'candidate' as defined in Section 79(b) for the purpose of Section 82(b) and overruled the objection regarding non-joinder of Jaswant Singh.

4. The admitted fact is that Jaswant Singh's nomination was rejected by the returning officer as he was found to be disqualified. Jaswant Singh challenged the order of the returning officer rejecting his nomination in a Writ Petition before the High Court, but that Writ Petition was not taken to the logical conclusion and it was dis