Hemant Katare vs O.P. S. Bhadoriya on 3 February, 2022
9. The counsel for the respondent submitted that the petitioner cannot
be allowed to withdraw a part of relief clause in order to save election
petition from getting it dismissed under Section 86(1) of Representation
of People Act due to non-joinder of necessary party and to buttress his
contention, he has relied upon the judgment passed by Delhi High Court
in the case of Surinder Kumar vs. Ranjit Singh, MLA & Ors reported
in 2014 SCC OnLine Del 7455, judgment passed by Bombay High Court
in the case of Kallappa Laxman Malabade vs. Prakash Kallappa
Awade reported in 1995 (2) Mh.L.J. 376 and the judgment passed by
Gauhati High Court in the case of Sh. H.Rohluna vs. Sh. L.
Thangmawia reported in (2014) 6 Gauhati Law Reports 14.