ROHITASH Vs. CHIEF ELECTORAL OFFICER OF DELHI

JUDGEMENT

(1.) The petitioner has filed the above-captioned election petition under the Representation of the People Act, 1951 impugning the election of respondent no.5 as a Member of the Legislative Assembly of the National Capital Territory of Delhi from the Assembly Constituency " 48, South (SC), NCT of Delhi. The petitioner further prays that the 2020 elections to the Assembly of NCT of Delhi from Assembly Constituency " 48, South (SC), NCT of Delhi be declared as null and void and directions be issued to respondent nos. 1 and 3 for conducting fresh elections to the Legislative Assembly of NCT of Delhi from the constituency in question.

(2.) Respondent no.5 had successfully contested the Assembly Elections of Delhi (Vidhan Sabha) 2020 from the Assembly Constituency " 48, Ambedkar Nagar (SC), NCT of Delhi held on 8/2/2020, as a candidate belonging to the Aam Adami Party. He was declared as the elected candidate from the said constituency on 11/2/2020.

(3.) The petitioner claims that the assembly election in respect of the said constituency is required to be declared as void under Sec. 100(d)(i) and 100(d)(iv) read with Sec. 125A of the Representation of the People Act, 1951