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2008 Supreme(Del) 209

PRADEEP NANDRAJOG
Jaspal Singh – Appellant
Versus
O. P. Babbar – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: N. Safaya, Adv.
For Respondents/Defendant: Parag Triptahi, Sr. Adv. and Jayant K. Mehta, Adv.

JUDGMENT

Pradeep Nandrajog, J.

1. Jaspal Singh was a contesting candidate for the election to the Delhi Legislative Assembly held in December 2003. He contested from Tilak Nagar Assembly Constituency (AC-14). Sudarshan Khatri claims to be a voter in the said Assembly Constituency. One S. Ranjit Singh son of late Gopal Singh R/o 20B/78A, Tilak Nagar, New Delhi had filed a nomination paper to contest the ensuing elections from said Assembly Constituency. Vide order dated 15.11.2003 the returning officer rejected the nomination paper filed by S. Ranjit Singh by passing the following order:

I have examined the nomination paper in accordance with Section 36 of The Representation of the People Act, 1951 and decided as follows:

Nomination paper examined with its enclosures and following deficiencies noted:

(i) Affidavit as prescribed by ECI not complete and not attested by Notary on all the pages and verification also unattested.

(ii) In affidavit on form 26, candidate did not declare in para 2 whether he is/not convicted of an offence.

On the above ground, nomination paper is rejected.

2. No evidence has been recorded in the election petitions for the reason learned Counsel for the part
























































































































































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