The other candidates Ramjit Ram, Robi Shankar Pandey and Bejoy Narayan Mishra secured 25,734, 12,271 and 2,763 votes respectively.
Ismail on various grounds.
The application was dismissed by the Calcutta High Court on the ground that the applicants appellants were proper parties to the election petition and, therefore, their names should number be struck out of the array of parties.
Shri Somnath Chatterjee, learned companynsel for the appellant submitted that the companycept of a proper party was number relevant in election law and that only those persons companyld be impleaded as parties who were expressly directed to be so impleaded by the Representation of the People Act, 1951.
Apart from denying the companymission of the various alleged companyrupt practices, the Chief Minister and the other Ministers claimed in their written statements that the election petitioner was number entitled to implead them as parties to the election petition.
Jyoti Basu, the Chief Minister as the seventh respondent, Md. Amin, the Minister of the Transport Branch of the Home Department as the eighth respondent, Hashim Abdul Halim, the Minister of the Legislative and the Judicial Department as the ninth respondent and the Electoral Registration Officer as the tenth respondent.
The Chief Minister and two of the other Ministers, Hashim Abdul Halim and and Buddhadeb Bhattacharya filed an application before the High Court of Calcutta to strike out their names from the array of parties in the election petition.
Appeal by special leave from the judgment and order dated the 3rd July, 1980 of the Calcutta High Court in Election Petition Case No.
The appellants have preferred this appeal after obtaining special leave of this Court under Art.
He impleaded the returned candidate as the first respondent, and the other three unsuccessful candidates respondents 2, 3 and 4 to the election petition.
There were five candidates who sought election from the Constituency.
136 of the Constitution.
Besides the candidates at the election, he impleaded several others as respondents.
Ismail, the first respondent, whose candidature was sponsored by the Communist Party of India Marxist was, elected securing 2,66,698 votes as against Debi Ghosal, a candidate sponsored by the Indian National Congress led by Smt.
The first respondent filed an election petition in the High Court of Calcutta questioning the election of the second respondent Mohd.
1 of 1980.
They claimed that as they were number candidates at the election they companyld number be impleaded as parties to the election petition.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Somnath Chatterjee, Rathin Das and Aninda Mitter for the Appellants.
It was averred in the election petition that the Chief Minister and the other Ministers of the Government of West Bengal who were impleaded as parties to the election petition had companyluded and companyspired with the returned candidate to companymit various alleged companyrupt practices.
Sidhartha Shankar Ray, R.K. Lala and T.V.S.N. Chari for Respondent No.
The District Magistrate and Returning Officer was impleaded as the fifth respondent, Buddhadeb Bhattacharya, the Minister for Information and Publicity, Government of West Bengal as the sixth respondent.
1553 of 1980.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. The first appellant, Jyoti Basu, is the Chief Minister and appellants two and three Budhadeb Bhattacharya and Hashim Abdul Halim, are two Ministers of the Government of West Bengal.
They have been impleaded by the first respondent as parties to an election petition filed by him questioning the election of the second respondent to the House of the People from the 19 Barrackpore Parliamentary Constituency in the mid term Parliamentary election held in January, 1980.
