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2025 Supreme(Online)(DEL) 730

HIGH COURT OF DELHI
DEVENDRA KUMAR UPADHYAYA, CJ, TUSHAR RAO GEDELA, J
GOVIND YADAV – Appellant
Versus
UNION OF INDIA AND ORS – Respondent


Advocates:
For the Appellant :Mr. Rakesh Kaushik Pathak and Mr. Rakesh Sharma, Advs. For the Respondent: Mr. Shashank Bajpai, CGSC with Mr. Anubhav Tyagi, GP, Ms. Stuti -Karwal, Ms. Gopi, Advs.

JUDGMENT :

DEVENDRA KUMAR UPADHYAYA, C.J.

CHALLENGE

1. The proceedings of this intra-court appeal have been instituted by the appellant/petitioner under Clause 10 of Letters Patent taking exception to the judgment dated 29.08.2024, passed by learned Single Judge whereby, W.P.(C) 2137/2023 filed by the appellant/petitioner has been dismissed.

2. The appellant/petitioner had instituted the aforesaid writ petition before the learned Single Judge primarily seeking a declaration that communications dated 10.11.2016, 13.11.2019, 18.02.2021, 03.08.2021 and 27.09.2021 made by a political party, namely, Janta Dal (United) (hereinafter referred to as ‘JDU’) under Section 29A of the Representation of the People Act, 1951 (hereinafter referred to as ‘RP Act’) are null and void for the reason that such communications contained names of officer bearers of JDU on the basis of alleged fraudulently conducted elections in contravention of the Constitution and Rules governing the affairs of JDU.

3. Challenge was also made by appellant/petitioner before the learned Single Judge seeking a declaration that his expulsion and expulsion of other members from the membership of JDU is also null and void. It was

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