C.R. No. 4916 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 4916 of 2009 (O&M) Date of Decision : 12.1.2010 Gaganpreet Kaur .......... Petitioner Versus Jaswinder Kaur & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Sham Lal Bhalla, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 29.7.2009 passed by the learned Election Tribunal, Fatehgarh Sahib vide which application moved by the petitioner under Order 1 Rule 10 of the Code of Civil Procedure for impleading additional parties stands dismissed. Though the order passed is prima facie a non-speaking order, and does not satisfy the judicial requirement of passing of judicial order but this Court is not inclined to interfere with the impugned order in exercise of revisional jurisdiction under Article 227 of the Constitution of India, as under Rule 77 of the Punjab State Election Commission Rules, 1994, the person sought to be named as party is not one of the persons who can be impleaded as a party to the election petition. Rule 77 reads as under :- “77. Parties to the petition.-- A petitioner shall join as respondent to his petition-- (a) where he, in addition to claiming C.R. No. 4916 of 2009 2 declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates and where no such further declaration is claimed, all the returned candidates; and (b) any other candidate against whom allegation of any corrupt practice is made in the petition.” The application moved, therefore, was prima facie against the rules. The plea that the petitioner is required to prove certain allegations, cannot be accepted as the allegations are required to be proved by way of evidence and not by impleading the person as a party. No ground is made out to interfere with the impugned order. Dismissed. 12.1.2010 ( VINOD K. SHARMA ) 'sp' JUDGE