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1996 Supreme(SC) 844

K.RAMASWAMY, B.L.HANSARIA, S.B.MAJMUDAR
Harcharan Singh Josh – Appellant
Versus
Hari Kishan – Respondent


ORDER

This appeal arises against the order of the Delhi High Court made on 26.5.1995 in Election Petition No.6/94. The appellant is an unsuccessful candidate in respect of one of the Assembly Constituency known as No.64, Sadar Bazar, to the National Capital Territory of Delhi Assembly. The elections were held on 6th November, 1993. The respondent secured 27126 votes while the appellant secured 25786 votes. The latter filed an election petition on diverse grounds including corrupt practices under Section 123 of the Representation of the People Act, 1951. The High Court dismissed his election petition under Section 86 of the Act on its findings on four issues framed in that case. While upholding the findings in favour of the appellant on issued Nos.1 to 3, it held that the requisite number of true copies of the election petition were not supplied to the respondent in compliance with Section 81(3) of the Act. Reasons in support thereof are some grave mistakes including omission to supply full text of page No.18 of the election petition. Another contention raised by the respondent was that the affidavit is not a true copy of the affidavit which was filed in the Court along with the e





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