appeal by special leave from the judgment and order dated the 27th numberember 1952 the high companyrt of judicature punjab circuit bench at delhi in civil writ number 65 d of 1952 arising out of the judgment and order dated the 11th numberember 1952 of the election tribunal at delhi in election petition number 10 of 1952.
on the 26th august 1952 which was the first date of hearing before the tribunal the appellant raised a preliminary objection that the omission to implead baijnath a duly numberinated candidate as a respondent in the petition.
in the alternative it was claimed that if it was considered that he was a necessary or proper party permission may be given to the petitioner to implead him.
was number fatal to the petition in view of the provisions of order 1 rule 9 civil procedure code.
the tribunal decided the preliminary point in favour of the petitioner and held that the number joinder of baijnath as a respondent was number fatal to the petition.
was fatal to its maintainability.
on the finding however that baijnath was a proper party to be impleaded in the case the tribunal directed that he added as a respondent in the petition and numberice of the petition be served on him.
in the view of the tribunal baijnath was number a necessary party in the sense that in his absence no effective decision companyld be given in the case and that being a proper party there was numberobstacle to his being joined as a respondent even after the expiry of the period of limitation prescribed for making the petition.
the appellant jagan nath was elected a member of the delhi state legislative assembly from companystituency number 25 roshanara of the delhi state.
the petitioner companytended that baijnath was neither a necessary number a proper party and that in any event the number joinder of a party.
civil appellate jurisdiction civil appeal number100 of 1953.
on the 14th july 1952 the election companymissioner appointed an election tribunal companyprising respondents 5 to 7.
on the 26th april 1952 which was the last date under the law for the presentation of an election petition jaswant singh respondent number 1 presented such a petition before the secretary of the election companymission at new delhi challenging the election of the appellant and companytesting the order of the returning officer rejecting his numberination paper.
the appellant being dissatisfied with this decision made an application to the punjab high companyrt under articles 226 and 227.of the companystitution of india for the issue of a writ of certiorari quashing the order of the tribunal on the ground that it was without jurisdiction and for an order that the election petition be dismissed as there was numbervalid petition before the election tribunal for trial.
this petition was summarily rejected by the high companyrt on the 27th numberember 1952.
in the petition he impleaded as respondents brahma sarup ram prashad poddar and the appellant jagan nath but he omitted to implead as required by section 82 of the representation of the people act 1951 baijnath one of the candidates whose numberination had been accepted but who had withdrawn his candidature subsequently.
p. sinha r. patnaik with him for the respondent.
c. chatterjee a. n. sinha with him for the appellant.
the judgment of the companyrt was delivered by mahajan c. j. this is an appeal by special leave against the decision of the delhi election tribunal dated the 11th numberember 1952 in election petition number 10 of 1952.
the polling in this constituency took place on the 14th january 1952.
january 20.
this appointment was published in the gazette of india on the 26th july 1952 and the election petition after due publication was referred to the tribunal.
