The provisions of Section 112(3) of the Representation of the People Act, 1951, are mandatory and that the court has no discretion in the matter of substitution of a petitioner.

1. - The petitioner Loombaram, by his application dated Feb. 13, 1979 has submitted that tinder the provisions of Section 112 of the Representation of the People Act, 1951, (hereinafter referred to as 'the Act') Ramjiwan, who had also applied to be substituted as a petitioner in the above mentioned election-petition in place of the deceased petitioner Umed Ram, should also be substituted as a petitioner on such terms and conditions as to security or otherwise as this Court may deem proper. The allegation of the petitioner Loombaram is that Ramjiwan "appears to be in hand and glove with the respondent Shri, Ramnarain" and although he was not interested in being substituted as a petitioner in place of late Shri Omedram, yet he filed an application for substitution merely in order to delay the proceedings in this election petition. The aforesaid allegation may to may riot be correct, yet the question Which requires consideration is, as to whether all the persons, who apply for being substituted, as petitioners under Sub-section (3) of Section 112 of the Act, should necessarily be brought on the record, of course, subject to the Imposition of conditions regarding payment of security or otherwise, or it is discretionary with the Court to substitute person such or come of the applicants for substitution as the Court may consider proper?

2. While deciding the, application for substitution by my order dated January 12, 1979, I came to the conclusion that the application for substitution submitted by Loombaram on August. 17, 1978 and by Ramjiwan on August 19, 1978 were within time and both of them were electors of the Bilara Assembly Constituency and as such were qualified to be substituted as petitioners in place of late Umedram. But I directed that Loombaram should be substituted as the petitioner considering the fact that he was real brother of the original petitioner; late Shri Umedram and had taken interest in the proceedings for substitution. The application of Ramjiwan was rejected on the ground that he had not taken any interest in the proceedings relating to the substitution of the petitioner and as such he did not appeal to be a serious contender for being substituted as a petitioner in, the election petition. In these circumstances, a further question will also emerge for consideration as to whether the part of the order dated January 12, 1979 rejecting the application of Ramjiwan for substitution as a petitioner in the election petition can be recalled by this Court?

3. Mr. L.R. Mehta learned Counsel for the petitioner Loombaram argued that this Court has no discretion in the matter of substitution of a person as a petitioner under Sub-section (3) of Section 112 of the Act, if it is found that such person was duly qualified to file an election petition in the matter himself and if he has applied for substitution within the period prescribed, after the publication of the notice of abatement of the election petition under Sub-section (2) of Section 112 of the Act, Mr. K.N. Joshi appearing for Ramjiwan strongly supported the submission of Mr. Mehta and argued that the provisions of Sub-section (3) of Section, 112 are mandatory and that Ramjiwan was entitled to be substituted as a petitioner, as he might have himself been a petitioner in the election petition, as originally 'instituted and he had applied for substitution within the prescribed period of 14 days from the date of publication of the notice of abatement of the election petition. On the other hand, Mr. Singhvi learned Counsel tot the respondent, argued that if there were numerous applicants for being substituted as petitioners, in place of the deceased petitioner,' the Court has a judicial discretion to exercise and decide as to who amongst the various applicants should be allowed to be brought on record as petitioner in the election petition. Sub-section (3) of Section 112 of the Act, which is relevant for the present purpose, reads as; under,-

"112(3) Any per