Dismissal of Election Petition for Non-Compliance with Mandatory Provisions. Strict adherence to Representation of People Act, 1951 upheld.

Case Note & Summary

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: Petitioner’s Application (Lodging) No. 27786 of 2024: Rejected. Respondent No.7’s Application (Lodging) No. 32011 of 2024: Partly allowed. 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.