DINESH MEHTA,J. - (1.) The present writ petition has been preferred by the petitioner impugning the order dated 02.06.2017, passed by learned Additional Senior Civil Judge and Additional Chief Judicial Magistrate No.2, Bikaner (hereinafter referred to as "the trial Court"), vide which an application under Order I Rule 10 (2) of the Code of Civil Procedure has been rejected.
(2.) Briefly narrated the facts appertain to the present writ petition are that the petitioner contested the election for the post of Sarpanch, Gram Panchayat Palana, District Bikaner and was declared as returned candidate on 24.01.2015. Respondent No.2 - Teja Ram another contestant filed an election petition under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as "the Act of 1994"), calling in question the petitioner's election. The said election petition was premised on the grounds of irregularity in counting of the votes and production of forged documents by the returned candidate Ram Gopal (petitioner herein). According to the assertions made in the election petition, the present petitioner - successful candidate had not passed class VIIIth, and was thus not eligible to contest the election of Sarpanch.
(3.) During the pendency of the election petition aforesaid, the petitioner Ram Gopal filed an application dated 20.05.2016 under Order I Rule 10 (2) of the Code of Civil Procedure and prayed that the names of defendants No.2 to 4 be deleted from the array of parties.;