1. Introduction:

• Case: Shahaji Nanai Thorat vs. Sanjay Dina Patil and Others.
• Context: Election Petition filed under Section 81 of the Representation of People Act, 1951, challenging the election of Respondent No.7 and seeking a declaration of the petitioner’s election from Mumbai North-East Parliamentary Constituency.
• Result Challenged: Election declared on June 4, 2024.

2. Legal Issues and Facts:

• Non-Impleadment of Necessary Parties:

  • Section 82 mandates that all contesting candidates must be made respondents when a petitioner seeks a declaration of their election.
  • Petitioner failed to implead 18 contesting candidates but included other unnecessary respondents, violating the statutory requirements.

• Limitation Period:

  • Section 81 prescribes a 45-day limit for filing an Election Petition.
  • Application for impleadment of 18 contesting candidates was filed on September 5, 2024, beyond the prescribed time.

3. Application for Amendment:

• Petitioner’s Stand:

  • Application for issuing summons to contesting candidates deemed compliance with Section 82.
  • Claimed procedural ambiguity in registering the petition.

• Court's View:

  • Issuing summons does not equate to impleadment.
  • Defect is fundamental and cannot be cured post-filing.

4. Statutory Provisions Discussed:

• Section 82 (Representation of People Act):
  • Mandatory to join all contesting candidates when further declaration is sought.
• Section 86:
  • Court must dismiss petitions that fail to comply with Sections 81, 82, or 117.
• Section 81:
  • Election Petitions must be filed within 45 days of election results.
• Order VI Rule 17, CPC:
  • Court held CPC rules cannot override statutory requirements under the Act.

5. Precedents Referenced:

• B. Sundara Rami Reddy vs. Election Commission of India:
  Election Commission cannot be impleaded unless explicitly required.
• Dhartipakar Madan Lal Agarwal vs. Rajiv Gandhi:
  Amendments to add new grounds or correct fundamental defects cannot be made post-limitation.

Ratio Decidendi:

Election petitions are strictly governed by statutory provisions, and failure to comply with mandatory requirements like impleadment of necessary parties leads to dismissal. Fundamental defects cannot be cured post-filing, even through amendment.

Conclusion:

1. Petitioner’s Application (Lodging) No. 27786 of 2024: Rejected.
2. Respondent No.7’s Application (Lodging) No. 32011 of 2024: Partly allowed.
3. Election Petition: Dismissed for non-compliance with Sections 82 and 81.

Subjects:

Election Petition, Representation of People Act, Non-Impleadment, Limitation, Fundamental Defect, CPC Applicability.