NAND KISHORE GARG Vs. JITENDER SINGH TOMAR
LAWS(DLH)-2020-1-41
HIGH COURT OF DELHI
Decided on
January 17,2020
NAND KISHORE GARG
Appellant
VERSUS
Jitender Singh Tomar
Respondents
Referred Judgements :-
AZHAR HUSSAIN VS. RAJIV GANDHI [REFERRED TO]UNION OF INDIA VS. ASSOCIATION FOR DEMOCRATIC REFORMS [REFERRED TO]
KISHAN SHANKAR KATHORE VS. ARUN DATTATRAY SAWANT [REFERRED TO]
KRISHNAMOORTHY VS. SIVAKUMAR [REFERRED TO]
SRI MAIREMBAM PRITHVIRAJ VS. SHRI PUKHREM SARATCHANDRA SINGH [REFERRED TO]
AISHANI CHANDNA MEHRA VS. RAJESH CHANDNA [REFERRED TO]
STATE OF MAHARASHTRA VS. PRAVIN JETHALAL KAMDAR [REFERRED TO]
PREM SINGH VS. BIRBAL [REFERRED TO]
RANGANAYAKAMMA VS. K S PRAKASH [REFERRED TO]
MAHATMA GANDHI UNIVERSITY VS. GIS JOSE [REFERRED TO]
MAHARSHI DAYANAND UNIVERSITY VS. SURJEET KAUR [REFERRED TO]
SANJAY KAUSHISH VS. D C KAUSHISH [REFERRED TO]
RAJASTHAN STATE INDUSTRIAL DEVELOPMENT VS. SUBHASH SINDHI COOPERATIVE HOUSING SOCIETY [REFERRED TO]
SH. NAND RAM BAGRI VS. SH. JAI KISHAN [REFERRED TO]
DEVENDRA KUMAR VS. STATE OF UTTARANCHAL [REFERRED TO]
KARAN SINGH TANWAR VS. SURENDER SINGH AND ORS. [REFERRED TO]
JUDGEMENT
RAJIV SAHAI ENDLAW,J. -
(1.)The petition challenges the election of the respondent no.1 to the Legislative Assembly of NCT of Delhi from AC-16 Tri Nagar Constituency,
in the General Elections to the Legislative Assembly of NCT of Delhi, held
in the year 2015.
(2.)The petition came up first before this Court on 23rd March, 2015 and thereafter on 25th March, 2015, when notice thereof was ordered to be issued and vide ex parte ad interim order, the respondent no.15 i.e. SDM, Kotwali, being the Returning Officer of the subject election, was directed to preserve the entire election records including nomination form, affidavit accompanying the nomination form, objections, pre-publication approvals of election materials and to file the same before this Court.
(3.)The respondent no.1 filed IA No.17167/2015 under Section 151 CPC, which vide order dated 23rd September, 2015 was ordered to be treated as under Order VII Rule 11 of CPC. Vide order dated 11th December, 2015, pleadings in the Election Petition were ordered to be completed notwithstanding the pendency of the application under Order VII Rule 11 CPC.
(2.)The petition came up first before this Court on 23rd March, 2015 and thereafter on 25th March, 2015, when notice thereof was ordered to be issued and vide ex parte ad interim order, the respondent no.15 i.e. SDM, Kotwali, being the Returning Officer of the subject election, was directed to preserve the entire election records including nomination form, affidavit accompanying the nomination form, objections, pre-publication approvals of election materials and to file the same before this Court.
(3.)The respondent no.1 filed IA No.17167/2015 under Section 151 CPC, which vide order dated 23rd September, 2015 was ordered to be treated as under Order VII Rule 11 of CPC. Vide order dated 11th December, 2015, pleadings in the Election Petition were ordered to be completed notwithstanding the pendency of the application under Order VII Rule 11 CPC.
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