Ramesh Kumar Datta, J.

1. Heard learned Counsel for the petitioner, learned Counsel appearing for Respondent No. 1 and learned Counsels for the State Election Commission and for Respondent Nos. 4 to 7.

2. The petitioner seeks quashing of the order dated 11.7.2007 passed by Munsif 2nd Court, Saran in Election Case No. 6 of 2006 (Surya Narayan Rai v. The Chief Election Commissioner and Ors.) through which he has allowed the application for addition of Respondent No. 1 as the party to the election petition filed by him and also by other contesting candidate. The further prayer is to issue a mandamus commanding the respondents to discharge their legal obligation and to declare the Election Case No. 6 of 2006 as not maintainable since it suffers from non-joinder of necessary party within the time frame allowed in Rule 106 of the Bihar Panchayat Election Rules, 2006 .

3. The petitioner was a candidate for the post of Mukhiya of Gram Panchayat, Raj Mukimpur in 2006 Gram Panchayat Election. The petitioner was declared as the successful candidate. The results of the election were published on 16.6.2006. Respondent No. 1, Surya Narayan Rai, one of the defeated candidates thereafter