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2004 Supreme(AP) 364

DEVENDER GUPTA, G.ROHINI
Kummari Ramulu – Appellant
Versus
Gangaram Penta Reddy – Respondent


DEVINDER GUPTA, J.

( 1 ) THE appellant was successful candidate in the election to the post of Sarpanch of Rayapalli- d Village, Zaheerabad Mandal, Medak district. Respondent No. l, a defeated candidate, filed a petition under the Andhra pradesh Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal parishads and Zilla Parishads) Rules, 1995 (for short "the Rules") questioning appellant s election. In addition to the challenge to the election of the appellant, Respondent No. l also claimed a declaration that he himself has been duly elected and accordingly impleaded Respondents 2, 3 and 4 also as parties to the Election Petition, since the relevant Rules enjoin upon the appellant before the Election Tribunal to implead in his petition all other candidates, who were nominated in elections but had not withdrawn before the polling. Election Petition was set down for trial. After a period of almost two years of the pendency of the petition before the Election Tribunal, an application was filed by Respondent No. 1, being I. A. No. 203 of 2003, under Order VI, Rule 17 of the code of Civil Procedure seeking to amend the name of the third respondent in the election Petitio












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