O P WADHWA Vs. H S BALLI

JUDGEMENT

(1.) This is an election petition, filed by Shri O.P. Wadhwa against the respondent No. 1, Shri Harsharan Singh Balli and after the order dated 11.2.1999 passed by this Court, deleting the name of the original respondent No. 2, the respondent No. 1 is the sole respondent in this petition.

(2.) The election petition challenges the election of the respondent No. 1 and seeks the setting aside of the Notification dated 28.11.1998, declaring the respondent to be elected to the Delhi Legislative Assembly from Hari Nagar Constituency for the 1998 Elections to the Delhi Legislative Assembly, held on 25th November, 1998. The election petitioner (hereinafter referred to as the 'petitioner') contested the election on the ticket of the Indian National Congress. The respondent contested the election on the ticket of the Bharatiya Janata Party. The election petition is founded on various corrupt and unfair practices stated to have been practised by the respondent or at his behest by his supporters. For the purpose of the present order, it is not necessary to deal with the corrupt practices averred by the petitioner.

(3.) On 7th of February, 2000, the Counsel for the respondent raised an objection regarding the affidavit in support of the election petition and the manner and method of its filing in this Court. The prayer of the learned Senior Counsel for the respondent, Shri R.P. Bansal, assisted by Shri Pradip Nandrajog was for dismissal of the election petition for non-compliance with Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act') and Election Rules 6 &. 8, framed by Delhi High Court vide Notification No. 21, dated 28th of April, 1967. Section 81 of the Act reads as follows: