UDHAV SINGH vs MADHAV RAO SCINDIA

The Supreme Court held that non-joinder of a candidate against whom allegations of corrupt practice are made is fatal to an election petition under Section 86 of the Representation of the People Act, 1951. The Court clarified that the objection regarding non-joinder must be raised in the written statement as per Section 82(b) and Order 8 Rule 2 of the CPC, and cannot be introduced at a later stage. The appeal was dismissed, affirming the High Court's ruling that the petition was liable to be dismissed due to non-compliance with statutory requirements.