Case Note & Summary
The petitioner, Manohar Dattatraya Bhadane, filed an election petition under the Representation of the People Act, 1951, challenging the election of respondents as councillors of the Dhule Municipal Corporation. The petition was filed in 2014. The respondents filed applications for dismissal of the petition on the ground of non-compliance with mandatory provisions of the Act, including failure to serve a copy on the returned candidate (respondent No. 1) and non-joinder of necessary parties. The court examined the provisions of Sections 81, 82, 86, and 117 of the Act. It found that the petitioner had not served a copy of the petition on respondent No. 1, which is mandatory under Section 81. Additionally, the petitioner did not implead all candidates who contested the election, as required by Section 82. The court held that these provisions are mandatory and non-compliance cannot be condoned. Consequently, the election petition was dismissed under Order 7 Rule 11 of the Code of Civil Procedure, 1908, for want of prosecution and for non-compliance with the mandatory requirements of the Act.
Headnote
A) Election Law - Dismissal of Election Petition - Non-Compliance with Mandatory Provisions - Sections 81, 82, 86, 117 of the Representation of the People Act, 1951 - The election petition was dismissed for non-compliance with mandatory provisions, including failure to serve a copy on the returned candidate and non-joinder of necessary parties. The court held that the provisions of Sections 81, 82, 86, and 117 are mandatory and non-compliance leads to dismissal under Order 7 Rule 11 CPC. (Paras 1-10) B) Election Law - Non-Joinder of Necessary Parties - Section 82 of the Representation of the People Act, 1951 - The petitioner failed to implead all candidates who contested the election, which is mandatory under Section 82. The court held that non-joinder of necessary parties is fatal to the election petition. (Paras 5-8) C) Election Law - Service of Copy on Returned Candidate - Section 81 of the Representation of the People Act, 1951 - The petitioner did not serve a copy of the election petition on respondent No. 1, the returned candidate. The court held that this is a mandatory requirement and non-compliance renders the petition liable for dismissal. (Paras 3-4)
Issue of Consideration
Whether the election petition is liable to be dismissed for non-compliance with the mandatory provisions of the Representation of the People Act, 1951, particularly for failure to serve copy on the returned candidate and for non-joinder of necessary parties.
Final Decision
The election petition is dismissed for non-compliance with mandatory provisions of the Representation of the People Act, 1951, and under Order 7 Rule 11 of the Code of Civil Procedure, 1908.
Law Points
- Election petition
- non-compliance with mandatory provisions
- dismissal for want of prosecution
- non-joinder of necessary parties
- Order 7 Rule 11 CPC
- Section 81 Representation of the People Act
- 1951
- Section 86 Representation of the People Act
- Section 82 Representation of the People Act
- Section 117 Representation of the People Act
