SUNDER Vs. RAMESH DUTTA

JUDGEMENT

(1.) The Petitioner was declared elected to Municipal Ward No. 153, Darya Ganj in the elections held on 5th April 2007. The said election was challenged by Respondent No. 1, Ramesh Dutta, on the ground that the Petitioner had suppressed material information regarding his holding of a licence for a kerosene oil depot ("KOD") at the time of filing of his nomination papers. By the judgment dated 3rd December 2008, the learned Additional District Judge ("ADJ") while allowing Election Petition No. 49 of 2007 filed by Respondent No. 1, also declared him elected to Ward No. 153 on the basis of having secured the next highest number of votes. This petition has been filed challenging the said judgment. By an order dated 18th December 2008, this Court stayed the operation of the impugned judgment. Factual background

(2.) It may be mentioned at the outset that the election to Ward No. 153, Darya Ganj was a multi-cornered one. Twelve candidates contested the elections. The Petitioner was the official candidate of Bhartiya Janta Party ("BJP"). Ramesh Dutta, Respondent No. 1, was the official candidate of the Indian National Congress ("INC"). The total number of votes cast was 8367. The Petitioner got the highest number of votes, i.e., 3853 votes. The next highest number was secured by Respondent No. 1 who got 2526 votes.

(3.) There were as many as eleven issues framed by the learned ADJ. The four issues which were decided in favour of the election Petitioner, i.e. Respondent No. 1 herein, and on the basis of which the election of the Petitioner was set aside were the following: