EL. PET. 14/2009

Page 1 of 71

*IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 7^th May, 2013

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EL. PET. 14/2009

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SH. NAND RAM BAGRI

..... Petitioner

Through : Mr. Jayant K. Sud and Mr. Harendra

Singh, Adv.

Versus

SH. JAI KISHAN & ORS

..... Respondents

Through: Mr. K.C. Mittal, Adv with

Ms. Anjali Nehra, Adv for R-1.

Mr. D.R. Chaudhary Samsoodhan Khan,

Adv for R-8.

Ms. Neha Jain for Mr. Mohit Gupta,

Adv. for R-10.

CORAM :-

HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

RAJIV SAHAI ENDLAW, J.

1. This petition questions the election of the respondent no.1 as the

Member (from the Sultanpur Majra Constituency) of the Legislative

Assembly of Delhi in the election held on 29^th November, 2008.

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EL. PET. 14/2009

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2. The un-rebutted facts are, i) that the Notification for the election was

issued on 4^th November, 2008; ii) that the Sultanpur Majra Constituency is

reserved for the Scheduled Caste candidates; iii) that the Nominations were

to be filed by 1500 hrs. on 11^th November, 2008 and were scrutinized on

12^th November, 2008; iv) that out of the total number of 1,32,421 electors,

only 82,047 valid votes were polled; iv) that in the result of the election

declared on 8^th December, 2008, the respondent no.1 was found to have

secured 39542 votes and the petitioner found to have secured 20867 votes,

with the remaining votes distributed between the respondents no. 2-10

contestants; v) that the respondent no.1 was accordingly declared elected

on 8^th December, 2008.

3. The petitioner questions the election pleading that-

i.

On 5^th December, 2008, the petitioner, in response to a

query under the Right to Information Act, 2005, received

information of the following criminal cases ―registered‖ against

the respondent no.1 at various Police Stations at Delhi;

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EL. PET. 14/2009

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S.

No.

FIR Nos.

Date

Under Section

P.S.

1. 162/83

21.9.83

147, 148, 149, 186, 353,

332, 333, 427, 307, 436

IPC

Sultanpuri

2. 115/94

29.9.94

160, 323 IPC

Civil Line

3. 1034/97

14.11.97

186, 332, 353, 34 IPC

Sultanpuri

4. 677/01

4.6.2001

186, 332, 353, 34 IPC

Sultanpuri

5. 1647/06

14.10.06

323, 506, 34 IPC

Sultanpuri

6. 538/07

1.4.07

323, 427, 452, 506, 34 IPC

Sultanpuri

7. 464/99

186, 353, 332, 506, 34 IPC

Mangolpuri

8. 1984

23.10.84

307, 333, 436 IPC

Sultanpuri

ii.

that the petitioner, in response to another query under the

RTI Act, received information on 1^st January, 2009 that the

respondent no.1 was not the student of C.R.Z. Senior Secondary

School, Sonepat, Haryana from which the respondent no.1 as per

information given by him in his Election Nomination Form

claimed to have matriculated in the year 1981;

iii.

that the respondent no.1, in the affidavit submitted by him

alongwith his Nomination Form (and which affidavit is available

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EL. PET. 14/2009

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online on the website of Election Commission Office), a) had

suppressed the material facts regarding criminal cases aforesaid

registered against him; and, b) had falsely claimed himself to be

educated upto class 12^th and having Matriculation from C.R.Z.

Senior Secondary School, Sonepat, Haryana.

4. It is further the plea of the petitioner,

a)

that furnishing false or wrong information in the affidavit

filed alongwith the nomination and as per the direction

dated 28^th June, 2002 of the Election Commission of India

amounts to corrupt practice under Section 123(4) of the

Representation of People Act, 1951;

b)

that the wrong information about his personal character so

furnished by the respondent no.1 was calculated to

prejudice the election of the petitioner;

c)

that the respondent no.1 was accused in case FIRs 250/1984

and 251/1984 of Police Station Sultanpuri under Sections

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