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1 - 10 of 15 (0.39 seconds)The Representation of the People Act, 1951
Jyoti Basu & Others vs Debi Ghosal & Others on 26 February, 1982
But both these aforesaid decisions of the Calcutta High
Court and Bombay High Court had been considered by this Court
in Jyoti Basu case and the Court took the view that the public
policy and legislative wisdom both seem to point to an
interpretation of the provisions of the Representation of the People
Act which does not permit the joining, as parties, of persons other
than those mentioned in Sections 82 and 86(4). The Court also in
paragraph (12) considered the consequences if persons other
than those mentioned in Section 82 are permitted to be added as
parties and held that the necessary consequences would be an
unending, disorderly election dispute with no hope of achieving
the goal contemplated by Section 86(6) of the Act. In the aforesaid
premises, we reiterate the views taken by this Court in Jyoti
Basu's case and reaffirmed in the latter case in B. Sundara Rami
Reddy and we see no infirmity with the impugned judgment,
requiring our interference under Article 136 of the Constitution.
This appeal accordingly fails and is dismissed."
The Code of Civil Procedure, 1908
The Representation Of The People Act, 1950
H.R. Gokhale vs Bharucha Noshir C. And Ors. on 1 September, 1967
supports the contention of Mr. Venkararamani. Following the
aforesaid decision, a learned Single Judge of the Bombay High
Court in the case of H.R. Gokhale vs. Bharucha Noshir C. and
Ors., A.I.R. 1969 Bombay 177, had also observed that the
observations of Shah, J in Ram Sewak Yadav's case, AIR 1964
SC 1249 in paragraph (6) is not intended to lay down that the
Returning Officer can in no event be a proper party to an election
petition.
N.P. Ponnuswami vs Returning Officer, Namakkal ... on 21 January, 1952
7. At the outset, it needs to be observed that elections
and election disputes are a matter of special nature and that
though the right to franchise and right to office are involved in an
election dispute, it is not a lis at common law nor an action in
equity. (See: Constitution Bench decision of the Hon'ble Supreme
Court in N.P.Ponnuswami vs. Returning Officer, Namakkal
Constituency 1952 AIR (SC) 64).