NARENDRA BIRTHRE Vs. HARIBALLABH SHUKLA

JUDGEMENT

(1.) THIS petition is filed by the petitioner who was an official candidate of the Bhartiya Janata Party in the Assembly Election held in December, 2003 for constituency No. 23, Pohri, District Shivpuri, challenging the election of the respondent, who was official candidate of Rashtriya Samanata Dal, on the ground that the nomination of Hariballabh s/o Ramhit and Shambhu Dayal s/o Vishnu Prasad are wrongly rejected.

(2.) AFTER issuing notice of this petition the respondent filed his written statement wherein some preliminary objections were raised about the maintainability of the election petition. On the basis of preliminary objection this Court has framed following issues and these issues were heard as preliminary issues which are as follows:-

(3.) THE gist of these issues is whether the persons whose nomination papers are alleged to be wrongly rejected are necessary parties and whether this petition can continue without joining the Returning Officer, Hariballabh and Shambudayal as a parties to the petition.