FAO No.1636 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1636 of 2010 (O&M) Date of Decision: 5.4.2010 Rachhpal Kaur ..Appellant. Vs. Presiding Officer and others ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.D.S.Rajput, Advocate for the appellant. Ms.Rahish Pahwa Dudeja, Advocate for the respondents/Caveators. RAKESH KUMAR JAIN, J. This order shall dispose of FAO Nos.1636 of 2010 and 1638 of 2010 together as common question of law and facts are involved therein. The Tribunal has dismissed the election petitions on the ground that the appellant has failed to implead necessary parties in terms of Section 77 of the Punjab State Election Commission Act, 1994 (for short `the Act') which offends Section 80 of the Act. Learned counsel for the appellant has failed to point out any error in the impugned order except for showing that the Court below should have framed issues before deciding the election petition. Insofar as the question of non impleadment of necessary parties is concerned, no argument has been raised. It is well settled that election petition has to be strictly construed and if necessary parties are not impleaded then the Tribunal has FAO No.1636 of 2010 (O&M) -2- no option but to dismiss the election petition in terms of Section 80 of the Act. In view of the above, I do not find any merit in the present appeals and thus, I find no need to issue notice even in the application filed under Section 5 of the Limitation Act, 1963. Therefore, the application as well as the appeals are hereby dismissed. No costs. (Rakesh Kumar Jain) 5.4.2010 Judge Meenu