Ram Narayan Yadav challenges election of Nitish Mishra, the MLA from Jhanjharpur, Madhubani

In Ram Narayan Yadav vs. Nitish Mishra & Ors. (2026), Justice Ashok Kumar Pandey of Patna High Court passed a 2-page long order upon hearing Dr. Gopal Krishna, the counsel of the petitioner, wherein, the Court permitted deletion of the respondent no. 2, the Election Commission of India through the Chief Election Commissioner and respondent no. 5, the Chief Electoral Officer, Office of the CEO, Patna. The prayer was made for its deletion in view of the provision under Section 82 (a) of the the Representation of the People Act, 1951, the pre-Constitution law. 

The law was enacted on July 17, 1951 ahead of the upcoming first General Elections during November -December 1951. It was introduced in the Parliament by Dr. B.R. Ambedkar, the then union law minister. The Act was enacted by the provisional parliament under Article 327 of the Constitution of India, just before the first general election.

Section 82 of Representation of the People Act reads:"Parties to the petition.—A petitioner shall join as respondents to his petition—(a) where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and (b) any other candidate against whom allegations of any corrupt practice are made in the petition.]". 

Section 82 of the Representation of the People Act specifies the persons who are required to be joined as respondents to an election petition. Under this provision the returned candidate is a necessary party as a respondent and where relief for a declaration is claimed that the election petitioner, or any other candidate be duly elected, all the contesting candidates are necessary to be impleaded as respondents to the petition.

But Section 87 of the Act  provides the "Procedure before the High Court.—(1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits...." It is evident that the Code of Civil Procedure applies to the trial of an election petition by virtue of section 87 of the Act. Since CPC is applicable, and the Court trying the election petition can act in exercise of the powers of the Code including Order 6 Rule 16 and Order 7 Rule 11(a). 

Notably, the Representation of the People Act has been amended 49 times during September 1951-August 2022. The existing provision under Section 82 was substituted by Section 45 of the Representation of the People (Second Amendment) Act, 1956, the post-Constitution amendment with effect from August 28, 1956.  

The petitioner's counsel was permitted by the Court to substitute the affidavit because the term of the Oath Commissioner has expired. The case is listed before the court for April 27, 2026.