IMPORTANT POINT
Important Point :
Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.

JUDGMENT :

1. Election Petition No.2 of 2021 is filed by Mr. Sangram Sampatrao Deshmukh on 18.01.2021 for the following reliefs :-

"A. This Hon'ble Court may after perusing the Election Petition and all the documents in the Petition and after considering the case be pleased to declare the Election of the Respondent No.4 to the Pune Division Graduates' constituency held on 1/12/2020 and the declaration of the result on 4/12/2020 as void in accordance with the grounds as set out under Section 100(1)(d) (iv) and Section 100(1)(d)iii) of the RP Act 1951 and this Election Petition may kindly be allowed; In the alternative to and without prejudice to prayer clause (A)

B. This Hon'ble Court may after perusing the Election Petition and all the documents in the Petition and after considering the case be pleased to declare the Election of the Respondent No.4 to the Pune Division Graduates' constituency held on 1/12/2020 and the declaration of the result on 4/12/2020 as void in accordance with the grounds as set out under Section 100(1)(d) (iv) and Section 100(1)(d)(iii) of the RP Act 1951 and this Election Petition may kindly be allowed and the Petitioner be declared as duly elected for the Pune Division Graduates' constituency in accordance with Section 84 of the RP Act 1951."

2. Application (L) No.1145 of 2022 is filed by Mr. Arun Ganpati Lad - Respondent No.4 for dismissal of Election Petition under Section 86 of the Representation of the People Act, 1950 (for short “the said Act”) read with Order VII Rule 11 of the Civil Procedure Code, 1908, (for short "CPC"). Respondent No.4 is the returned candidate/elected candidate in the elections under challenge.

3. Application (L) No.22668 of 2021 is filed by Respondent Nos. 1, 2 and 3 i.e. Election Commission for the following reliefs :-

"a) That this Hon'ble Court be pleased to declare that the Election Commission of India (Respondent No. 1/Applicant No.1), The Chief Electoral Officer (Respondent No. 2/Applicant No. 2) and The Divisional Commissioner and Electoral Registration Officer and The Returning Officer (Respondent No.3)/Applicant No. 3) herein, cannot be made parties to the Election Petition.

b) That this Hon'ble Court be pleased to delete the names of the Election Commission of India (Respondent No. 1/Applicant No. 1), The Chief Electoral Officer (Respondent No. 2/Applicant No. 2) and The Divisional Commissioner and Electoral Registration Officer and The Returning Officer (Respondent No. 3)/Applicant No. 3) from the Election Petition No. 2 of 2021."

3.1. In effect, Respondent Nos.1, 2 and 3 seek deletion of their names from the Election Petition filed by Petitioner. When the present Election Petition and aforesaid Applications are heard, none is present for Respondent Nos. 1, 2 and 3 in the Petition. The grounds on which the aforementioned Application is filed by Respondent No. 1, 2 and 3 are contained in Para Nos. 4 to 8 of the Application. It is contended therein that due to the decisions of the Supreme Court in the case of (i) Jyoti Basu & Ors. Vs. Debi Ghosal & Ors. 1982 (1) SCC 691 ; (ii) B. Sundara Rami Reddy Vs. Election Commission & Ors., 1991 Suppl (2) SCC 624 and (iii) Michael B. Fernandes Vs. C. K. Jaffar Sharif & Ors., AIR 2002 SC 1041, it is settled position of law that in view of the provisions of Sections 82 read with 86 (4) of the said Act, the Election Commission of India and its Officers cannot be impleaded as Respondents to the Election Petition. Hence Respondent Nos.1, 2 and 3 seek deletion of their names from the Election Petition. At the outset this Application of Respondent Nos. 1, 2 and 3 is decided before proceeding with the Election Petition.

3.2. It is seen that Respondent Nos. 1, 2 and 3 are Statutory Officers appointed under the said Act, acting under superintendence and control of the Election Commission of India. Section 82 of the said Act reads thus:-

82. Parties to the Petition. - A Petitioner shall join as respondents to his Petition - (a) where the Petiti