In, Basil George v. Shaji Salim & Ors. the Single Bench of Kerala HC has held that, a person who is not a candidate may not be joined as a respondent to the election petition. Further court held that, It is clear that the contest of the election petition is designed to be confined to the candidates at the election. All others are excluded.

Facts

The petitioner had exercised his franchise in The election in Ward of the Municipality. Respondent, a contesting Candidate, has filed O.P. before the Trial Court, to set aside the Election of the returned candidate and to declare him as the returned candidate. The petitioner has learnt that Respondent has also Indulged in corrupt practices. Hence, he is not entitled to be declared the returned candidate.

Hence, the petitioner Filed  an application to get himself impleaded as the Additional  Respondent in the election petition, as Provided under Section 175 of the Kerala Municipality Act, 1994 (for brevity referred to as ‘Act’). The Trial Court dismissed the Application, holding that Section 165 Of the Act permits only contesting candidates to be Made parties in an election petition. As the petitioner Is not a contesting candidate.

Hence, Aggrieved by the same the petitioner filed the present petitioner before the Kerala HC.

Court Observation

The Single Bench of Kerala HC while deciding the question as in; 'Can an elector seek impleadment in an election Petition?’ observed that; the following steps have to be followed for challenging an election, recrimination and substitution of a respondent, i.e.:

  1. An election shall be called in question by Presenting an election petition.
  2. An election petition can be filed by any candidate Or an elector within thirty days from the date of Election of the returned candidate.
  3. When a candidate, in addition to claiming the election of the returned candidate to be void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates have to be impleaded.

Court Judgement

The Kerala HC while dismissing the petition has held that, one may be joined as a party to an election petition otherwise than as provided by Sections 82 and 86 (4) of the Act. It follows that a person who is not a candidate may not be joined as a respondent to the election petition.

Case: Basil George vs Shaji Salim & Ors.

Citation: OP(C) NO. 1311 OF 2022

Bench: Hon’ble Mr Justice C.S.Dias

Decided on: 11thAugust, 2022.

Read Judgment @Latestlaws.com

Picture Source :

 
Anjali Tyagi