Somnath Bharti's petition challenging BJP's Satish Upadhyay's election win dismissed due to failure to include Congress candidate as a respondent.
In a significant ruling, the Delhi High Court has dismissed the election petition filed by Somnath Bharti, a former Member of Legislative Assembly (MLA) and Aam Aadmi Party (AAP) candidate, challenging the election of Satish Upadhyay from the Malviya Nagar constituency. The court, presided over by Justice Jasmeet Singh, found that Bharti's petition was fatally flawed due to the non-joinder of Jitender Kumar Kochar, the Congress candidate, as a necessary party in the case.
The court emphasized that under Section 86(1) of the Representation of the People Act, 1951, the non-joinder of a necessary party is an incurable defect that mandates dismissal of the petition. The judgment highlighted that Bharti had alleged corrupt practices under Section 123 against Kochar, claiming that Kochar's campaign was directed against him and not against Upadhyay, and that Kochar was allegedly financially supported by Upadhyay to influence the election outcome.
Justice Singh noted that the Representation of the People Act requires strict adherence to procedural mandates, including the inclusion of all candidates accused of corrupt practices as respondents in the petition. The court rejected Bharti's subsequent attempt to amend the petition to either include Kochar or remove the allegations against him, stating that such amendments cannot be allowed after the expiration of the statutory 45-day limitation period for filing election petitions.
The ruling underscores the importance of procedural compliance in election-related litigation, reflecting the judiciary's role in upholding the integrity of the democratic process by ensuring that election petitions adhere to the statutory framework. The court's decision reiterates that the provisions of the Representation of the People Act are to be interpreted strictly to prevent undue interference with the electoral mandate.
Bottom Line:
Representation of the People Act, 1951 - Non-joinder of a necessary party in an election petition is a fatal defect that mandates dismissal of the petition under Section 86(1), as compliance with Section 82 is a condition precedent for maintainability.
Statutory provision(s): Representation of The People Act, 1951 Sections 81, 82, 86(1), 123
Somnath Bharti v. Shri Satish Upadhyay, (Delhi) : Law Finder Doc Id # 2840005
