1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 3414 of 2006 SIMBHU SINGH V/S ELECTION TRIBUNAL & ORS. Mr. ANIL VYAS, for the appellant / petitioner Mr. P S RATHORE, Mr.PRADEEP CHOUDHARY, for the respondent Date of Order : 16.7.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties. It is contended by learned counsel for the petitioner that in identical circumstances, Durgsingh has been ordered to be impleaded as party vide Annex.2, but the petitioner's application has been dismissed vide Annex.4, and therefore, the impugned order is bad. Learned counsel for the election petitioner, on the other hand, submits that of course Durgsingh was ordered to be impleaded vide Annex.2, but then in view of the provisions of Rule 83 of the Rajasthan Panchayati Raj Election Rules, neither Durgsingh could be impleaded as party, nor the petitioner could be impleaded as party. May be that Durgsingh was wrongly impleaded as party, on that ground, the petitioner cannot claim to be impleaded as party, as that would amount to perpetuating illegality, and 2 further submitted that this Court even in suo motu powers under Article 227 can and could think it appropriate to remove Durgsingh from the array of parties. Learned counsel for Durgsingh after reading the provisions of Rule 83 finds that he was not required to be impleaded as party. In that view of the matter, the writ petition is disposed of by maintaining the impugned order, and setting aside the order Ex.2. Durgsingh stands deleted from the array of parties. The learned trial Court is, however, directed to expeditiously decide the election petition. ( N P GUPTA ),J. /tarun/