RAJIV SAHAI ENDLAW
Nand Kishore Garg – Appellant
Versus
Jitender Singh Tomar – Respondent
JUDGMENT :
Rajiv Sahai Endlaw, J.
1. The petition challenges the election of the respondent no.1 to the Legislative Assembly of NCT of Delhi from AC-16 Tri Nagar Constituency, in the General Elections to the Legislative Assembly of NCT of Delhi, held in the year 2015.
2. The petition came up first before this Court on 23rd March, 2015 and thereafter on 25th March, 2015, when notice thereof was ordered to be issued and vide ex parte ad interim order, the respondent no.15 i.e. SDM, Kotwali, being the Returning Officer of the subject election, was directed to preserve the entire election records including nomination form, affidavit accompanying the nomination form, objections, pre-publication approvals of election materials and to file the same before this Court.
3. The respondent no.1 filed IA No.17167/2015 under Section 151 CPC, which vide order dated 23rd September, 2015 was ordered to be treated as under Order VII Rule 11 of CPC. Vide order dated 11th December, 2015, pleadings in the Election Petition were ordered to be completed notwithstanding the pendency of the application und
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