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IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH, J
SOMNATH BHARTI – Appellant
Versus
SHRI SATISH UPADHYAY – Respondent
| Table of Content |
|---|
| 1. challenge to election based on alleged corrupt practices (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. respondent's contentions on maintainability due to non-joinder (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. petitioner's rebuttal against respondent's arguments (Para 17 , 18 , 19 , 20 , 21) |
| 4. judicial scrutiny of ropa provisions on election petitions (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 5. final conclusion on dismissal of the election petition (Para 44 , 45) |
JUDGMENT
1. The present election petition is filed under sections 80, 80A and 81 of the Representation of the People Act, 1951 , 1Hereinafter referred to as “ROPA”. seeking to set aside and declare the election of the respondent i.e. Mr. Satish Upadhyay, from Malviya Nagar Constituency of the Legislative Assembly of AC-43 pertaining to election which was held on 05.02.2025 and the result of which was declared on 08.02.2025, as null and void.
FACTUAL MATRIX
2. The petitioner, a three-time Member of Legislative Assembly, 2Hereinafter referred to as “MLA”. from the Malviya Nagar Assembly Constituency (AC-43) and former Law Minister in the Delhi Governme
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