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C1IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:ORDER:
S.B. CIVIL WRIT PETITION NO.6681/2011
(Ramdulari Vs. Smt. Phoolwati & Anr.)
Date of Order :: 03.08.2011
PRESENT
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. I.R. Choudhary, for the petitioner.
——–
Heard learned counsel for the petitioner.
In this writ petition, the petitioner is challenging the
order dated 31.05.2011 (Annexure-5) passed by the Civil Judge
(Senior Division), Bhadra passed in Election Petition No.41/2010.
The main contention of learned counsel for the
petitioner is that the petitioner preferred an application under
Order 1 Rule 10 CPC for impleading her as party in the election
petition pending in the court of Civil Judge (Senior Division),
Bhadra on the ground that she was one of the candidate in the
disputed election, therefore, she is necessary party.
The learned trial court after taking into consideration
the fact that petitioner secured only 316 votes and respondent
No.2 Smt. Bhagwani secured 894 votes and the election
petitioner secured 864 votes, rejected the application for
impleadment for the reason that even if petitioner is impleaded
as a party, no right of the petitioner will be affected. Further, it
is observed that the plaintiff has choice to implead party, no
direction can be given to the plaintiff to implead any person as
party even if his rights are not adversely affected.
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In my opinion, the order passed by the Civil Judge
(Senior Division), Bhadra does not require any interference
because petitioner is defeated candidate and secured only 316
votes.
In this view of the matter, this writ petition is hereby
dismissed.
(GOPAL KRISHAN VYAS), J.
AKC/-
M/13
