Rajiv Sahai Endlaw, J.

1. This petition questions the election of the respondent no.1 as the Member (from the Sultanpur Majra Constituency) of the Legislative Assembly of Delhi in the election held on 29th November, 2008.

2. The un-rebutted facts are, i) that the Notification for the election was issued on 4th November, 2008; ii) that the Sultanpur Majra Constituency is reserved for the Scheduled Caste candidates; iii) that the Nominations were to be filed by 1500 hrs. on 11th November, 2008 and were scrutinized on 12th November, 2008; iv) that out of the total number of 1,32,421 electors, only 82,047 valid votes were polled; iv) that in the result of the election declared on 8th December, 2008, the respondent no.1 was found to have secured 39542 votes and the petitioner found to have secured 20867 votes, with the remaining votes distributed between the respondents no. 2-10 contestants; v) that the respondent no.1 was accordingly declared elected on 8th December, 2008.

3. The petitioner questions the election pleading that-

i. On 5th December, 2008, the petitioner, in response to a query under the Right to Information Act, 2005, received information of the following cr