FAO No. 4446 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 4446 of 2010 (O&M) Date of decision: 3.2.2011 Gurnam Kaur .. Appellant v. Sarabjit Kaur and another ..Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Ranjit Saini, Advocate for the appellant. ... Rajesh Bindal J. Challenge in the present appeal is to the order dated 31.12.2009, passed by Sub Divisional Magistrate-cum-Presiding Officer, Election Tribunal, SAS Nagar (for short, `the Tribunal') rejecting the election petition filed by the appellant challenging the election of Sarabjit Kaur as Member of Block Samiti, Tiwana, Tehsil Dera Bassi, District SAS Nagar. It is not in dispute that in terms of Section 77 of the Punjab State Election Commission Act, 1994 (for short, `the Act'), all the candidates, who contested the election, were required to be impleaded as respondents, in case the prayer in the election petition is for setting aside the election of any one or all of them and further prayer is for declaring the petitioner therein as elected member. However, in case the prayer for declaring the petitioner therein as elected member is not made, only elected candidates are to be impleaded as parties. For non-compliance of the provisions of Section 77, in terms of the provisions of Section 80 of the Act, the election petition is to be dismissed. In the present case, a perusal of the paper book shows that the appellant had impleaded only one of the elected members of the Block FAO No. 4446 of 2010 [2] Samiti as respondent, whose election was under challenge. The other elected members were not impleaded. In view of the aforesaid legal defect, the election petition filed by the appellant itself was not maintainable. Hence, this court would not like to interfere in the impugned order even if the petition had been dismissed on some other ground. Accordingly, the appeal is dismissed. Consequently, the application for condonation of delay is also dismissed. ( Rajesh Bindal ) Judge 3.2.2011 mk