V.N.Sinha, J.

1. Heard Sri S.N.P. Sharma, learned counsel for the petitioner, Sri Rajeshwar Prasad, G.P. 6 for the State of Bihar and its functionaries, State Election Commission and its functionaries and private Respondents, who have filed their counter affidavit.

2. By the impugned order dated 3.9.2002, Annexure-1, the preliminary objection of the Return Candidate that the election petition filed u/s. 140 of the Bihar Panchayat Raj Act, 1993 without impleading all the contesting candidates is not maintainable, has been overruled.

3. Petitioner assails the said order on the ground that the impugned order is contrary to law as has been laid down by this Court in the Case of Md. Zakir Hussain V/s. Hareshwar Prasad Singh and Ors., reported in 2002 (1) BLJR 103, whereunder his Lordship, while considering the similar situation, has held as follows :

"True it is that; the general law says that the plaintiff is dominus-lit is and is entitled to join the party of his own choice but this right of the plaintiff is not absolute. The opposite party in a civil suit can always raise an objection regarding misjoinder or non-joinder of the party. The question relating to misjoinder of the