HC Incorrect In Deleting District Magistrate As Necessary Party In Election Petition: Supreme Court Issues Notice In Plea

Before the High Court, the petitioner had filed an election petition with respect to wrongful rejection of nomination papers by the Returning Officer under Section 100(1)(c) of the Act, and impleaded the ECI as necessary party.

The main challenge was regarding the Lok Sabha election for the seat of Gautam Buddha Nagar Constituency. Notably Dr Mahesh Sharma won the 17th LokSabha from the said constituency.

The High Court directed the deletion of ECI and District Magistrate from the array of respondent parties by relying on S.82 of The Representation of the People Act, 1951.

8. Section 82 of the Act reads as below:

"82. Parties to the petition.- A petitioner shall join as respondents to his petition-

(a) where the petitioner, in addition to claiming declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and

(b) any other candidate against whom allegations of any corrupt practice are made in the petition.”

Thus, the High Court concluded that impleading ECI and District Magistrate was outside the scope of the present petition.

“In view of the above, the election petitioner is not at liberty to implead parties of her choice. Her challenge would survive so long as she complies with the law and the procedure contained in the Act.”

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar while issuing notice, observed that the High Court was incorrect at least in removing the District Magistrate from the proceedings considering that the winning candidate alone would not able to furnish information on nomination papers.

“As per the allegations, the nomination papers were wrongly rejected. The winning candidate would not be able to answer the said assertions. The High Court was wrong in deleting at least the District Magistrate from the array of parties.”

Matter will now be heard in March 2025.

Case Details : GEETA RANI SHARMA VS. ELECTION COMMISSION OF INDIASLP(C) No. 030277 - / 2024