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2023 Supreme(Del) 5823

MANOJ KUMAR OHRI
S. C. Vats – Appellant
Versus
Satyendra Jain – Respondent


Advocates appeared:
Mr. P.D. Gupta, Senior Advocate with Mr Sahil Ahuja and Mr Abhishek Gupta, Advocates, for the Petitioner.
Mr Sudhir Nandrajog, Senior Advocate with Mr Bhavook Chauhan, Mr Syed Atif, Mr Zillur Rahman and Mr Rajat Gautam, Advocates, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

O.A. 59/2023

1. By way of present chamber appeal filed under Chapter II, Rule 5 of Delhi High Court (Original Side) Rules, 1967 read with Section 151 CPC, the applicant/respondent No.1 (hereafter, `the applicant') has assailed the order dated 10.05.2023 passed by the Joint Registrar (hereafter, the `impugned order').

2. Briefly, in the captioned election petition, the petitioner has challenged the election of applicant as MLA from Assembly Constituency-15, Shakur Basti, New Delhi. The impugned order came to be passed in the context of cross-examination of petitioner's witness namely Prashant Tanwar, Assistant Electoral Registration Officer who had been summoned to produce and prove: i) petitioner's affidavit submitted alongwith his nomination paper on 21.01.2020 in respect of election held on 08.02.2020 of the aforesaid Assembly Constituency, ii) complaints lodged by petitioner's election agent dated 02.02.2020 and 03.02.2020, iii) complaint lodged by petitioner's election agent dated 01.02.2020 and iv) the affidavit filed by applicant of the election expenditure.

3. The controversy arose when the aforesaid petitioner witness appeared and was sought

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