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1973 Supreme(Del) 122

S.N.ANDLEY, S.N.SHANKAR
BANARSI DASS GARG – Appellant
Versus
SUMER CHAND – Respondent


Advocates Appeared:
C.L.CHAUDHRY, D.D.Chawla, K.L.SHARMA

S. N. SHANKAR, J.

( 1 ) THIS appeal under clause 10 of the Letters Patent is directed against the order of Deshpande, J. dated November 27, 1972, dismissing the writ petition field by Banarsi Dass Garg, appellant herein, assailing the orders dated September 18, 1971 and October 29, 1971, passed by the District Judge, Delhi in election petition No. 6 of 1971 by which objections of the appellant as to maintainability of the petition were dismissed.

( 2 ) ELECTIONS to the Delhi Municipal Corporation were held on May 2, 1971. From Ward No. 51, Sumer Chand respondent No. 1 in this appeal and Banarsi Dass Garg, appellant herein, contested the election along with the other respondents to this appeal. The appellant secured 3974 valid votes as against 3882 valid votes secured by respondent No. 1. The appellant was declared duly elected. Respondent No. 1 challenged this election by election petition No. 6 of 1971 before the District Judge under section 15 of the Delhi Municipal Corporation Act, 1957 (hereafter called "the Corporation Act"), amongst others, on the ground that the appellant was guilty of corrupt practices which were mentioned in para 9 (a) (b) (c) and (d) of the petition. Resp






























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