Supreme Court Issues Notice in Plea: High Court Incorrect in Deleting ECI and District Magistrate as Necessary Parties in Election Petition

The Supreme Court in the case Geeta Rani Sharma Versus Election Commission of India, ECI observed and has issued notice wherein the petition is filed challenging the order of Allahabad High Court order which allowed the deletion of Election Commission of India, ECI and District Magistrate as necessary parties in an election petition filed challenging the Lok Sabha elections in Gautam Buddha Nagar Constituency in Uttar Pradesh.

The election petition has been filed by the petitioner before the High Court with respect to wrongful rejection of nomination papers by the Returning Officer under Section 100(1)(c) of the Act, and impleaded the Election Commission of India, ECI as necessary party.

Before the court, the main challenge was with regards to the Lok Sabha election for the seat of Gautam Buddha Nagar Constituency. Dr Mahesh Sharma won the 17th Lok Sabha from the said constituency.

The High Court in the case observed and has directed the Election Commission of India, ECI and District Magistrate from the array of respondent parties by relying on section 82 of The Representation of the People Act, 1951.