IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12234 of 2007 Shabir Ansari, son of Dawood Ansari, resident of village – Makrampur, P.S. Behera, District- Darbhanga ………….. Defendant 1st party …… Petitioner Versus 1. The State of Bihar 2. Naresh Narayan Chaudhary, son of Tej Narayan Choudhary, resident of village- Makrampur, P.S. Behera, District-Darbhanga---- Plaintiff ……………….. Respondent 1st Set 3. Sahid Parvej at present Block Development Officer, Benipur-cum- Returning Officer, Block Benipur, District- Darbhanga 4. Upendra Sharma, the District Magistrate, Darbhanga- cum- District Election Officer, Darbhanga 5. Brahmchari Chandra Sekhar Prasaqd, the Additional Collector, Darbhanga-cum-Observer of Election in Benipur Block……………… Defendant 2nd set- Respondent IInd set 6. Amar Nath Choudhary, son of Shiv Shankar Choudhary, resident of village- Makrampur, P.S. Bahera, District-Darbhanga 7. Isha Sheikh, son of Sheikh Chhedi, resident of village- Kothabana, P.S. Bahera, District-Darbhanga 8. Kripa Nath Choudhary, son of Late Ramautar Choudhary, resident of village Makrampur, P.S. Bahera, District- Darbhanga 9. Krishna Kumar Jha, son of Late Kusheshwar Jha, resident of village- Makrampur, P.S. Bahera, District- Darbhanga 10. Dina Nath Mishra, son of Ramgulam Mishra, resident of village- Baigni, P.S. Bahera, District-Darbhanga 11. Man Mohan Mishra, son of Late Ram Baran Mishra, resident of village- Baigni, P.S. Bahera, District- Darbhanga 12. Manoj Kamti, son of Batohi Kamti, resident of village- Baigni, P.S. Bahera, District- Darbhanga 13. Markandey Sharma, son of Late Ram Sundar Sharma, resident of village- Kothabana, P.S. Bahera, District- Darbhanga 2 14. Md. Murtuza, son of Sheikh Chhedi, resident of village- Kothabana, P.S. Bahera, District-Darbhanga 15. Ramdhani Jha, son of Late Ramjee Jha, resident of village- Makrampur, P.S. Bahera, District- Darbhanga 16. Laltoon Choudhary, son of Kedar Choudhary, resident of village- Makrampur, P.S. Bahera, District- Darbhanga 17. Vijay Kumar Choudhary, son of Sri Mahendra Choudhary, resident of village- Makrampur, P.S. Bahera, District- Darbhanga 18. Shibendra Jha, son of Punyanand Jha, resident of village- Makrampur, P.S. Bahera, District-Darbhanga ……….. Defendants 3rd set…… Respondent IIIrd set ……………………………………….. Respondents. ---------- For the petitioner: M/S Md. Rashid Alam & Md. Anis Akhtar, Advocates For the State: M/S Braj Kishore Prasad Sinha, GP 3 & Sanjay Prasad, AC to GP 3. --------- 3. 18.2.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has come to this Court seeking a direction to set aside the order dated 23.7.2007 passed in Election Petition No. 1/2006 by the Munsif, Benipur, Darbhanga by which the petition dated 9.7.2007 filed by the petitioner for rejecting the election petition has been rejected. By the aforesaid petition dated 9.7.2007 the petitioner who is the winning candidate had sought 3 dismissal of the election petition on the ground of non- joinder of parties since the election petitioner had made parties certain officials who had conducted the elections as defendant nos. 2 to 4 and thus it was the contention of the petitioner that the same amounted to misjoinder of parties as the election officers were not necessary parties to the petition in view of the letter No. Vidhi 60- 37/2002, C-2023 issued by the State Election Commission which states that only the contesting candidates should be made parties and no officials who were conducting the elections are necessary parties. The Tribunal on a consideration of the entire matters has rejected the petition holding that for a just and proper adjudication of the case the presence of the State-authorities is required. This Court does not find any force in the submission of learned counsel for the petitioner nor any illegality in the order of the court below. It is true that under the provisions of Section 137(2) of the Bihar Panchayat Raj Act, 2006, if a prayer is made not only 4 for setting aside the election but also for declaring the election petitioner or any other candidate as elected then all the contesting candidates become necessary parties to the election petition, but the same does not mean that other parties whose presence may be necessary or who may be proper parties to the said suit, may not be made parties to the election petition. In any case, the addition of such parties cannot lead to the conclusion of misjoinder of parties. In the aforesaid view of the matter, there is no merit in the writ petition and it is dismissed. S.Pandey (Ramesh Kumar Datta, J.)