Surekha Nagnath Sutar v. Nana Madhukar Gate and Others
Election petition – Impleadment of Gram Sevak
Case brief
What is this about?
Bombay High Court, Aurangabad Bench; Writ Petition No. 3956 of 2025; decided 29 April 2025 by Kishore C. Sant, J. Writ petition by Surekha Nagnath Sutar (original defendant No.2 in an Election Petition filed by Respondent No.1, Nana Madhukar Gate) against the trial Court's rejection of her application to add the Gram Sevak as a party. Held: the Gram Sevak is not a necessary party - no relief is prayed against him and his assistance is not required; no illegality in the trial Court's order; writ petition dismissed, with liberty to any party to apply to call the Gram Sevak as a witness (to be decided on merits); trial Court to decide the suit preferably within one year. Keywords: necessary party, non-joinder, impleadment, Gram Sevak, election petition, writ petition.
What did the court decide?
Writ petition dismissed; no impleadment relief. Parties remain free to file an application to call the Gram Sevak as a witness (to be decided on its own merits); trial Court to decide the suit preferably within one year.