ORDER :

1. Heard finally, with the consent of the parties.

2. This civil revision has been filed by the petitioner the returned candidate, against the order dated 10.08.2023 passed by the 5th Additional District Judge, Ratlam in case No. MJC/173/2022 whereby the petitioner’s application filed under Order 7 Rule 11 of CPC has been rejected.

3. In brief, the facts of the case are that the election petitioner the respondent No. 1 has filed the Election Petition under Section 20 of the Madhya Pradesh Municipal Corporation Act, 1961 (in short “the Act of 1961”). In the aforesaid election petition, the election petitioner has also sought the relief that in addition to that the election of the petitioner, who has been elected as Councilor in Ward No. 15 be set aside, and also prayed that he should be declared as elected. In the aforesaid petition, the petitioner returned candidate filed an application under Order 7 Rule 11 of CPC raising a specific ground that the election petitioner has not joined all the candidates as parties, which is in violation of Sub-Section (4) of Section 20 of the Act of 1961. The aforesaid application has been rejected by the Election Tribunal vide its order dated