Election Petition – Impleadment of Parties – Only Candidates Specified Under Section 82 of Representation of the People Act 1951 Can Be Made Respondents -- Concept of Proper Parties under CPC Does Not Apply
Under the Representation of the People Act, 1951, only those persons mentioned in Section 82 can be impleaded as respondents to an election petition — namely, contesting candidates and any candidate against whom allegations of corrupt practice are made. The concept of "proper parties" under the CPC has no application to election petitions. Section 87 of the Act applies CPC procedure only subject to the Act's own provisions; any CPC rule contrary to Section 82 cannot be invoked. Officials or officers against whom allegations are levelled cannot be impleaded as parties at the threshold stage. However, misjoinder of parties does not result in dismissal of the election petition — the excess parties can be deleted by amendment.
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