ADESH KUMAR GUPTA Vs. D K MISHRA

JUDGEMENT

(1.) This order will dispose of the application filed by the respondent (to the Election Petition), being I.A. No. 13851/2009.

(2.) The petitioner challenges the election of the second respondent to the New Delhi Parliamentary Constituency on the ground that he, his election agents, and others connected with him had indulged in corrupt practices within the meaning of the expression, in the 2009 Lok Sabha Elections. It is alleged that the second respondent blatantly flouted the mandate of law by failing to keep correct and full accounts of his expenditure, thus violating Sections 77(1) and 77(3) of the Representation of the People Act, 1950 (hereafter "the Act") which amounted to corrupt practice under Section 123(6). It is alleged that the expenditure exceeded the statutory limit of ' 25,00,000/- (Rupees twenty five lakhs) permissible in election expenses and, therefore, amounts to corrupt practice, which renders the election result, returning the second respondent to the said constituency void. The petitioner has filed a large number of documents, which include copies of brochures etc., alleged to have been issued at the behest or by the second respondent.

(3.) After notice was issued, the second respondent entered appearance and filed an application, (I.A. No. 13851/2009), stating that the petition had to be rejected for diverse reasons, including the following: