IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14345 of 2007 Rajiv Ranjan Singh, S/O Girja Nandan Singh, resident of village-Bahshi Shaidpur, P.O. Kadilpur, P.S. & Block-Jandaha, District-Vaishali …………………. Petitioner Versus 1. Bijay Kumar Singh, S/O Parmanand Singh, resident of village & P.O. Kadilpur, P.S. & Block-Jandaha, District-Vaishali 2. State Election Commissioner, Bihar, Patna. 3. District Election Officer-cum-District Magistrate, Vaishali 4. Election Officer-cum-Block Election Officer, Jandaha, P.S. Jandaha, District – Vaishali 5. Ajit Kumar Singh, S/O Late Sachchidanand Singh, resident of village & P.O. Kadilpur, P.S. Jandaha, District-Vaishali 6. Arjun Singh S/O Late Muneshwar Singh, resident of village-Bahshi Shaidpur, P.O. Kadilpur, P.S. Jandaha, Dist. Vaishali 7. Nand Kishor Singh, S/O Bindeshwar Singh, resident of village- Bahshi Shaidpur, P.O. Kadilpur, P.S. Jandaha, Dist. Vaishali 8. Nanda Rai, S/O Chulha Rai, resident of village Bahshi Shaidpur, P.O. Kadilpur, P.S. Jandaha, Dist. Vaishali 9. Bhagdev Prasad Yogi, S/O Late Yogendra Prasad Singh, resident of village- Mukundpur, P.O. Basantpur, P.S. Jandaha, District-Vaishali 10. Mithilesh Singh, S/O Late Baidnath Singh, resident of village- Bahshi Shaidpur, P.O. Kadilpur, P.S. Jandaha, District-Vaishali 11. Meera Devi, W/O Shri Arvind Rai, resident of village-Sherpur, P.O. Dhandhua, P.S. Jandaha, District-Vaishali 12. Ranjeet Kumar Singh, S/O Late Sachchidanand Singh, resident of village & P.O. Kadilpur, P.S. & Block- Jandaha, District-Vaishali 13. Raj Kumar Rai, S/O late Julum Rai, resident of village- Bahshi Damodar, P.O. Kadilpur, P.S. & Block- Jandaha, District-Vaishali 14. Beena Bala Devi, W/O Kaleshar Thakur, resident of village- Bahshi Shaidpur, P.O. Kadilpur, P.S. & Block- Jandaha, District-Vaishali 15. Sanjeev Kumar Singh, S/O late Rama Singh, resident of village- Mukundpur Gopinath, P.O. Basantpur, P.S. & Block- Jandaha, District-Vaishali 16. Saguni Paswan, S/O Late Ramwaran Paswan, resident of village- Bahshi Shaidpur, P.O. Kadilpur, P.S. & Block-Jandaha, District- Vaishali 17. Satish Kumar Rai, S/O Suresh Rai, resident of village-Sherpur, P.O. Dhandhua, P.S. & Block-Jandaha, District-Vaishali 18. Santosh Kumar Singh, S/O Umesh Singh, resident of village- Mukundpur P.O. Basantpur, P.S. & Block-Jandaha, District-Vaishali 19. Harivansh Singh, S/O late Banke Singh, resident of village & P.O. Kadilpur,P.S.&Block-Jandaha,District-Vaishali ……. Respondents ------------ For the petitioner: Mr. Binod Kumar Singh, Advocate For Resp. No.1: Mr. Anurag Saurav, Advocate For Election Commission: Mr. Sanjeev Nikesh, Advocate For the State: Mr. Amit, AC to SC 19 ----------- 2 2. 13.5.2009 Mr. Anurag Saurav along with two other Advocates files Vakalatnama for respondent No.1, the election petitioner in the court below. Let the same be kept on the record. Heard learned counsels for the petitioner, for respondent no. 1 and the State Election Commission. The petitioner seeks quashing of the order dated 21.9.2007 passed by the Munsif 2nd, Hajipur, Vaishali in Election Case No. 43/2006 (Bijay Kumar Singh Vs. State Election Commission & Ors.) by which the application dated 7.7.2007 of the petitioner has been rejected. The petitioner being a returned candidate had filed the said application for rejecting the election petition on the ground that the Election Commission and its officials have been wrongly joined as party to the election petition and the same was fit for rejection on the ground of misjoinder of parties. The said application was rejected by the impugned order dated 21.9.2007. This Court does not find any merit in the submissions of learned counsel for the petitioner. It is evident that the learned Tribunal has not committed any illegality in passing the aforesaid order. The requirement of the Rules is that in case a prayer made in the election petition is that apart from setting aside the election of the returned candidate to declare the petitioner or any other candidate as elected then all contesting candidates have to be made parties to the election petition. Thus, an election petition may be dismissed on the ground that necessary parties to the same have not been made parties 3 to the election petition but merely because certain officials have been joined as parties on account of certain allegations made against them, the same cannot be a ground for rejection of the election petition at the outset. The writ application is accordingly dismissed. S.Pandey (Ramesh Kumar Datta, J.)