Raju Ramrao Shinde v. Election Commission Of India Through Its Principal Secretary And Others

Ethape ( 1 ) 912-EP-5-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 ELECTION PETITION NO. 5 OF 2025 Raju Ramrao Shinde

VERSUS

Election Commission Of India Through Its Principal Secretary And Others.

WITH APPLICATION IN EP NO. 83 OF 2025 IN EP/5/2025 ...

Mr. S. S. Thombre, Advocate for the Petitioner. Mr. Alok Sharma, Senior Standing counsel for Respondent No.1. Mr. V. V. Gujar, Advocate for Respondent No.9. Mr. Mukul Kulkarni a/w Mr. Amol Ram Joshi, Advocate for Respondent NO.4.

CORAM : KISHORE C. SANT, J.

DATE : 16th JULY 2025 PC :- 1.

This application is filed by the Respondent Nos. 1 to 3 for deleting them from the array of respondents. The same is taken on record and marked as "EXHIBIT-10".

2.

It is submitted that in view of Section 82 of the Representation of the People Act, 1950, Respondent No.1 to 3 are not necessary parties. He

Ethape ( 2 ) 912-EP-5-2025 relied upon the judgment in the case of Jyoti Basu and Ors. Vs. Debi Ghosal & Ors.1.

3.

The learned Advocate for the petitioner prays for appropriate order.

4.

Considering the wording of Section 82, and the judgment in the case of Jyoti Basu (supra), this Court finds that Respondent Nos. 1 to 3 are not necessary parties to the present petition. 5.

In view of the same, application Exh.10 stands allowed. 6.

Respondent Nos. 1 to 3 be deleted from the array of Respondents. 7.

Necessary correction/amendment be carried out within two weeks from today.

[KISHORE C. SANT, J.] AIR 1982 SC 983