An election petition filed by BJP candidate Rajni Gupta was dismissed on Tuesday by the Deputy Commissioner-cum prescribed authority,UT Chandigarh,R K Rao. Gupta had challenged the election of Anu Chatrath,Congress candidate and former Mayor from Ward No 2 for the mayoral elections held in December 2006.
It was submitted by Kapil Kakkar,counsel for Chatrath,that as per the provisions of the Punjab Municipal Corporation Act,1976,as extended to UT Chandigarh,it is mandatory on part of the petitioner to make party all the candidates of the election as respondents (opposite parties) to the petition.
After going through the State Election Commissions compiled list of candidates whose nominations had been accepted by the Returning Officer,it was found that two candidates were not made party to the election petition.
Rao held the provisions of the Act are mandatory in character and non-compliance of the same would invite necessary consequence of dismissal of the petition.