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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 Commission’s 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.
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