Maken had approached the apex court after the high court had dismissed his interlocutory application seeking dismissal of the election petition filed against him by a voter of the New Delhi Lok Sabha constituency.
The minister had sought dismissal of the petition contending that his BJP rival Vijay Goel was not made a party in the election petition, though the documents reflected allegations against him.
A bench comprising Chief Justice Altamas Kabir and Justice J Chelameswar said the election petition filed by the voter Adesh Gupta cannot be dismissed on the ground that Goel has not been made a party in it.
"In the result, I hold that the election petition cannot be dismissed on the ground that Vijay Goel is not made a party.
"But, in so far as the question whether the election petition is required to be dismissed on the ground that the copy served on the appellant is not the true copy of the original within the meaning of Section 81(3), I remit the matter to the high court for disposal in accordance with law and in the light of this judgement," said Justice J Chelameswar, writing the judgement for the bench.
Gupta, in his plea to the high court, had impleaded only the returning officer of the New Delhi Parliamentary Constituency and Maken as respondents in his election petition.
Maken, in his application to the high court, had said that Goel should have been also made a party by Gupta in the election petition as its annexures also contained allegations of corrupt practise by the BJP candidate and the failure to implead him is fatal to the plea. (More)