MOHAN RAJ vs SURENDRA KUMAR TAPARIA & ORS.

The Supreme Court held that under Section 82(b) of the Representation of the People Act, 1951, a candidate who has withdrawn is still considered a candidate for the purposes of election petitions. The Court ruled that if allegations of corrupt practices are made against such a withdrawn candidate, they must be joined as a necessary party, or the election petition will be dismissed under Section 86(1). The Court emphasized that the Civil Procedure Code cannot be used to circumvent the specific provisions of the Representation of the People Act regarding non-joinder of parties.