* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 06 March 2024 Judgment pronounced on: 08 July 2024 + EL. PET. 1/2022 RAJAN TEWARI ..... Appellant Through: Mr. Apoorv Kurup, Mr.

Shoumendu Mukherji, Mr. Akhil Hasija, Ms. Akannksha Gupta, Mr. Gurjas Narula, Mr. Himanshu Pathak & Ms. Megha Sharma, Advs.

Versus DURGESH KUMAR PATHAK & ANR.. ... Respondents Through: Mr. Gautam Narayan, Mr. Karan Sharma, Ms. Asmita Singh, Mr. Rishabh Sharma & Mr. Rishikesh Kumar, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

J U D G M E N T

YASHWANT VARMA, J.

I.A. 1982/2023 [under Order VII Rule 11(a) CPC]

1. The first respondent, and who is the returned candidate, has moved the present application for rejection of the election petition on principles akin and analogous to Order VII Rule 11 of the Code of Civil Procedure, 1908, [Code]. As would be evident from a reading of the petition itself, the challenge to the election of the first respondent was based primarily on the following grounds: a.Non-disclosure of criminal antecedents;

Signature Not Verified El. Pet. 1/2022 Page 1 of 103

Digitally Signed

b.The respondent holding an office of profit on the date of scrutiny of nomination;

c. A s