R.S.Garg, J.

1. Heard the parties.

2. In an election petition filed u/s. 140 of the Bihar Panchayat Raj Act, 1993 (hereinafter to be referred to as the Act) respondent No. 5/election petitioner joined certain persons as party, inter alia, pleading that as the respondent Nos. 6 to 15 had also contested the Election, they were necessary party. Subsequent to clause of the evidence of the parties the election petitioner filed an application for deletion of respondent Nos. 6 to 15 from array of defendants. The said application was allowed by the learned Munsif acting as Election Tribunal. Being aggrieved by the said order the present petitioner (returned, candidate) has come to this Court under Art. 227 of the Constitution of India challenging the correctness, validity and propriety of the said order.

3. At the very outset, learned Counsel for the respondent No. 5 submits that the plaintiff being Dominus-litis cannot be asked to joint parties and if he had joined certain parties and at this stage he wants to delete certain persons from array of defendants, he cannot be compelled to continue with the said parties. He further submits that in accordance with the Rule 111 of Bihar P