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1996 Supreme(Del) 353

B.GOEL
MUKHTIAR SINGH – Appellant
Versus
CHIEF ELECTION OFFICER – Respondent


Anil Dev Singh, J:

( 1 ) THIS is an application on behalf of the second respondent under Order 7 Rule II and section 151 Civil Procedure Code. read with section 86 of the Representation of the Peoples Act, 1951 (for short the Act of 1951 ). On November 28, 1993, the Returning Officer declared the second respondent to have been elected to the Delhi Legislative Assembly from Palam Constituency No. 30. The petitioner who was also a candidate from the said constituancy filed the present election petition under sections 80-A and 81 of the Act of 1951, challenging the election of the second respondent. By the instant application the second respondent prays for the dismissal of the election petition on various grounds.

( 2 ) LEARNED counsel appearing for the applicant has raised the following contentions in support of the application for dismissal of the election petition :-

(1) that the election petition does not comply with the provisions of section 81 of the Act of 1951;

(2) that the copy of the election petition marked z furnished to the applicant has not been duly attested by the petitioner;

(3) that the copy of the election petition is not the true copy of the original petition as



























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