MICHAEL B. FERNANDES versus C.K. JAFFER SHARIEF AND ORS .

Citation: [2002] 1 S.C.R. 1053 · Decided: 14-02-2001 · Supreme Court of India · Bench: G.B. PATTANAIK · Disposal: Dismissed

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Judgment (excerpt)

MICHAEL B. FERNANDES 
A 
V. 
C.K. JAFFER SHARIEF AND ORS . 
..... 
FEBRUARY 14, 2001 
[G.B. PATTANAIK, S.N. PHUKAN AND S.N. VARIAVA, JJ.] 
B 
Election Law: 
Representation of the People Act, 1951: 
c 
Section 82- -Parties to the Election Petition-Held: the returned candidate 
and the candidate against whom allegations of corrupt practice have been 
made are only to be joined as party respondents- However, if any other 
candidates is sought to be declared as duly elected then all the contesting 
candidates are required to be made party respondents-Hence, an election D 
petition which does not make the persons enumerated in S.82 as party 
respondents is liable to be dismissed. 
The appellant had filed an election petition before the High Court 
challenging the validity of the election of respondent No. l to the House of 
People. In the election petition the Election Commissioner, the Returning E 
Officer and Chief Electoral Officer of the State were arrayed as respondents. 
These respondents filed an application before the High Court for their 
deletion, inter alia, on the ground that under Section 82 of the Representation 
of the People Act, 1951 it has been clearly indicated that who should be the 
parties to an election petition and since they have been unnecessarily 
impleaded, they should be deleted. The High Court allowed the application. F 
Hence this appeal. 
Dismissing the appeal, the Court 
HELD : 1. On a plain reading of Section 82 of the Representation of 
the People Act, 1951 which indicates as to the person who can be joined as a G 
respondent to an election petition, it is clear that the returned candidate and 
the ca11didate against whom allegations of any corrupt practice have been 
" 
made are to be joined as party respondents. When declaration is sought for 
holding the election of the returned candidate to be void and when a prayer 
is made as to any other candidate to be declared to be duly elected, then all H 
1053 
1054 
SUPREME COURT REPORTS 
[2002] I S.C.R. 
A the contesting c:andidates are required to be made party respondents. 
Therefore, an election petition, which does not make the persons enumerated 
in Section 82 of the Act as party respondents, is liable to be dismissed. 
(1057-E-F) 
Jyoti Basu v. Debi Ghosa/, (1982) 1SCC691 and B. Sundara Rami Reddy 
B v. Election Commission of India, [1991) Supp. 2 sec 624, relied on. 
In Re: MS. Gill, [ 1978) 2 SCR 272, held inapplicable. 
2.1. The public policy and legislative wisdom both seem to point to :an 
interpretation of the provisions of the Representation of the People Act, which 
does not permit the joining as parties, of persons other than those mentioned 
C in Sections 82 and 86(4) of the Act. [1059-E) 
D 
2.2. The necessary consequences if persons other than those mentioned 
in Section 82 are permitted to be added as parties would be an unending, 
disorderly election dispute with no hope of achieving the goal contemplated 
by Section 86(6) of the Act. [1059-F) 
Jyoti Basu v. DebiGhosal, (1982) 1SCC691 and B. Sundara Rami Reddy 
v. Election Commission of India, [1991) Supp. 2 SCC 24, relied on. 
Dwijendra Lal Sengupta v. Hare Krishna Konar, AIR (1963) Cal 218; HR. 
Gokhale v. Bharucha Noshir C., AIR (1969) Bom 177 and Ram Sewak Yadav In 
E Re: AIR (1964) SC 1249, referred to. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1310 of 
2001. 
From the Judgment and Order dated 16.2.200 I of the Karnataka High 
Court in E.P. No. 29 of i 999. 
F 
R. Venkataramani and Kailash Vasdev Vimal Chandra S. Dave, S.N. 
Singh, Neelam Kalsi, Rahul Singh, Gopal Singh, S. Muralidhar, S.K. 
Mendiratta and N. Ganapathy for the appearing parties. 
The Judgment of the Court was delivered by 
G 
PATIANAIK, J. This appeal is directed against the Order dated 16th 
June, 2000, passed in Election Petition No. 29 of 1999. The aforesaid Election 
Petition had been filed by the appellant, challenging the validity of the election 
to the House of People from the Bangalore North Parliamentary Constituency, 
in which election, respondent No. I was declared to have been elected. In the 
election petition, the Election Commissioner, the Returning Officer and the 
H Chief Electoral Officer of the State of Karnataka had been arrayed as 
-
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MICHAEL B. FERNANOES v. C.K. JAFFER SHARIEF [PATTANAIK, J.] I 055 
respondents 6, 7 and 8. Those respondents filed an application before the A 
High Court of Kamataka for their deletion inter alia on the ground that under 
Section 82 of th

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