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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Harsh Dev Singh – Appellant
Versus
UT of J&K – Respondent
| Table of Content |
|---|
| 1. election disputes confined to contesting candidates. (Para 10) |
| 2. cpc applies subject to rpa provisions. (Para 11 , 12) |
| 3. corrupt practice naming under s.99 post-trial. (Para 13 , 14 , 15) |
| 4. misjoinder of non-candidate officials established. (Para 16) |
| 5. misjoinder remedied by striking out parties. (Para 17 , 18 , 19 , 20) |
JUDGMENT :
SANJAY DHAR, J.
01. I have heard the arguments advanced by learned counsel for the parties with reference to preliminary issue No.1. I have also perused record of the case.
02. Issue No. 1, which falls for determination, reads as under:
Whether there is mis-joinder of parties? If so, to what effect? OPR 10.
03. According to the learned counsel for respondent No. 10, there is mis-joinder of parties in the present case. He has submitted that the petitioner has not only impleaded the contesting candidates as the parties to the instant petition, but he has also impleaded as respondents the other parties including the officers and officials against whom allegations of impropriety have been leveled in the present election petition. The aforesaid contention of learned counsel for the respondent No.10 is based upon the interpretation of provisions c
Only candidates specified in Section 82 of Representation of People Act can be parties to election petitions; impleading non-candidate officials despite corrupt practice allegations is misjoinder, re....
Compliance with the provisions of the Representation of People Act, particularly Section 82, is mandatory for an election petition. Amendments that take the petition out of the mandatory provisions o....
Non-joinder of a candidate accused of corrupt practices in an election petition results in its mandatory dismissal under Section 86 of the Representation of the People Act, 1951.
The court ruled that an application to add a party in election proceedings must demonstrate necessity for adjudication, and general laws do not apply when specific statutes govern election matters.
The Election Petition was dismissed for failing to comply with mandatory provisions of Section 82 of the Representation of the People Act, 1951, requiring all contesting candidates to be joined.
An election petition must comply with statutory requirements, including joining necessary parties and pleading material facts; failure to do so results in dismissal.
An election petition must comply with mandatory provisions of the Representation of the People Act, including the joinder of necessary parties, or it is liable to be dismissed.
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