P. N. BHAGWATI, T. U. MEHTA, J.

( 1 ) THIS appeal under Clause 15 of the Letters Patent is directed against a decision given by Mr. Justice Divan on a preliminary issue in Election Petition No. 1 of 1971 holding that the election petition filed by the first respondent is properly constituted and is not liable to be dismissed on account of non-joinder of one Vasudev Tripathi. The election petition was filed by the first respondent challenging the election of the appellant who was declared elected as a member of the House of the People from the Ahmedabad City Constituency. The election was challenged on various grounds which included inter alia allegations of corrupt practice within the meaning of sub-sec. (2) and (3) of sec. 123 of the Representation of the People Act 1961 The appellant contested the election petition and one of the contentions raised by him in an amended paragraph introduced in the written statement was that there were allegations of corrupt practice made in the petition against Vasudev Tripathi President of the City District Congress (Shashak) Committee and since he was one of the candidates validly nominated for the election though he withdrew his candidature on o

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