SHER SINGH DAGAR Vs. YOGANAND SHASTRI

JUDGEMENT

(1.) Election petition No.12/2009 has been filed by Mr. Sher Singh Dagar, challenging the election of respondent No.1, Dr. Yoganand Shastri to the Delhi Legislative Assembly, from constituency No. AC-45, Mehrauli, elections where were held on 29.11.2008. The election has been challenged inter-alia on the grounds that:- (i) respondent No.1 himself, and his agents and workers with his consent, made an appeal to Muslim voters to vote for him, on ground of race community and religion and the voters were made to excite the religious sentiments and thereby respondent No.1 committed corrupt practice. (ii) respondent No.1 himself, and his agents and workers with his consent, made an appeal to Jatt voters to vote for him on the ground of race, community and cast and to refrain from voting for the petitioner. (iii) respondent No.1 himself, and his agents and workers with his consent, hired and procured transport for the conveyance of the voters to the polling stations and back from there and thereby committed a corrupt practice. (iv) respondent No.1 himself and his agents and workers with his consent distributed liquor to the voters in the Juggi Jhopri area in Kusumpur Pahari on 16.01.2008 and thereby he committed corrupt practice, and (v) respondent No.1 himself and his agents and workers with his consent distributed gifts in the form of sarees in the area of Juggi Jhopri in Kusumpur Pahari on 28.11.2008 and thereby respondent No.1 committed a corrupt practice.

(2.) The election of respondent No.1 has also been challenged on the ground that some voters had polled two or more times in the same constituency whereas some voters had polled in the constituency from where respondent No.1 was declared elected, as well as other constituencies.

(3.) An additional affidavit was filed by the petitioner on 21.07.2010 by way of amplification of the corrupt practices alleged and the other allegations made in the petition. I.A. No.6871/2011 has been filed by him for permission to place the aforesaid additional affidavit on record.