Smt Durgesh Nandini Yadav vs Madhya Pradesh State Election ...
2021 Latest Caselaw 1459 MP

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            THE HIGH COURT OF MADHYA PRADESH
                     WP No.15930/2020
    (SMT. DURGESH NANDINI YADAV VS. M.P. STATE ELECTION
                   COMMISSION & ORS.)

Gwalior, Dated : 09.04.2021

         Shri Devendra Sharma, learned counsel for the petitioner.

         Shri PrashantSharma, learned counsel for the respondent No.1

and 4.

Shri Deepak Khot, learned Government Advocate for the

respondents No.2, 3 and 5/State.

Shri Amit Lahoti, learned counsel for the Intervener.

Heard through video conferencing.

Heard on I.A.No.1910/2021, this is an application by the

intervenor Shri Dinesh Yadav seeking permission to intervene.

The petitioner has filed his reply to the intervention

application. It is submitted by the counsel for the petitioner that the

personal right of the intervenor is not involved and merely because

on his complaint, the name of the petitioner was deleted from the

voter list, would not make him necessary party and to bettress his

contentions, the counsel for the petitioner has relied upon the

judgment passed by the Supreme Court in the case of Ravi Yashwant

Bhoir Vs. District Collector, Raigad and others reported in (2012)

4 SCC 407.

In reply, it is submitted by Shri Lahoti that it is true that the

personal rights of the complainant are not involved but on the

complaint made by the complainant, the name of the petitioner was

deleted from the voter list. It is further submitted that even the

intervenor was permitted to appear in appeal also and under these

circumstances his prayer for intervention may be allowed.

Considered the submissions made by the counsel for the

parties.

The fact that the intervenor was permitted to appear in the

appeal has not been disputed by the counsel for the petitioner. Further

it is for respondents to justify their stand. Although, the intervenor

has no personal interest in the matter, but as he was permitted to

appear and argue in the appeal, I.A.No.1910/2021 is allowed.

Shri Dinesh Yadav is permitted to intervene in the matter.

This Court by order dated 21/10/2020 had directed for

requisitioning the record of the Registration Officer and the appellate

authority. It appears that on 10/11/2020 the requisition was sent.

However, the record of the authorities below have not been received.

The office is directed to call for the record of the Registration Officer

as well as Appellate Authority.

List this case in the week commencing 26/04/2021.

(G.S. Ahluwalia) Judge Pj'S/-

PRINCEE BARAIYA 2021.04.09 18:14:30 -07'00'