JAI GOPAL Vs. RAJ KUMAR SHARMA

JUDGEMENT

(1.) The present petition has been filed by petitioner, Jai Gopal, under Section 115 CPC against the order dated 25th April, 2013 passed by the Additional District Judge, Delhi in Election Petition bearing No.60/2012 whereby his application under Order VII Rule 11 CPC for dismissal/ rejection of the election petition was dismissed.

(2.) Brief facts are that the General Elections of Councillors for the purpose of constituting East Delhi Municipal Corporation (EDMC) were held on 15th April, 2012 wherein the petitioner contested as candidate of Bhartiya Janta Party (BJP) from Ward No.232, Anarkali, Delhi. He was declared elected by a margin of about 2300 votes defeating the nearest rival, i.e. respondent No.1 herein.

(3.) The respondent No.1 filed the election petition challenging the election of the petitioner on the ground that the petitioner had indulged into corrupt practices in terms with Section 17 read with Section 22 of the Delhi Municipal Act, 1957 (in short, called "DMC Act") and also, inter alia, on the grounds that the result of the election has been affected in view of the said practices. Respondent No.1 filed the petition under Section 15 of the DMC Act against 15 respondents including the petitioner herein.