- (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:- (1) Whether the Returning Officer, Hariballabh s/o Ramhit and Sambhudayal are necessary and proper parties to the petition ? (2) Whether the election petition suffers from defect of nonjoinder of necessary parties ? (3) Whether the petitioner has no right to challenge the election of respondent on the ground of rejection of nomination papers of Shri Hariballabh s/o Ramhit and Sambhudayal s/o Vishnu Prasad ? If so, its effect ? (4) Whether, nomination papers of Sarva Shri Hariballabh s/o Ramhit and Shambhudayal s/o Shri Vishnu Prasad were improperly and wrongfully rejected by the Returning Officer ? If so, its effect ? (5) Costs and relief.
(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.;