MOHINDER SINGH Vs. DURGESH KUMAR

JUDGEMENT

(1.) The instant petition has been filed challenging the election of respondent no.1 and seeking to set aside/cancel the bye-election of the assembly constituency, i.e., AC-39, Rajinder Nagar, Assembly Constituency in Delhi and praying that the election of respondent no.1 be declared as void. The petitioner has challenged the candidature of the respondent alleging non-compliance of election code and conduct by the respondent. It is alleged that the respondent filed a deficient nomination affidavit by concealing the name of his spouse. The present petition has been filed on account of inaction of the returning officer to take any action, despite multiple complaints by the petitioner in this regard.

(2.) It is to be noted that the petitioner had also filed his nomination from the same constituency and had polled 18 votes, thereby, losing to the returned candidate, respondent no. 1, who polled 40,319 votes.

(3.) By way of the present application, the respondent no.1 has prayed for rejection of the present Election Petition under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 ("CPC").