Challenge to election of AAP Law Minister at Delhi High Court [Order – 23.03.2015]
IN THE HIGH COURT OF DELHI AT NEW DELHI
Election Petition No. 2 of 2015EL.PET. 2/2015
NAND KISHORE GARG …Petitioner
Through: Mr. Laliet Kumar, Advocate
JITENDER SINGH TOMAR and ORS ….. Respondents
HON’BLE MR. JUSTICE MANMOHAN
O R D E R
I.A. 6020/2015 in El.Pet. 2/2015
Present application has been filed seeking exemption from filing English translated/fair typed copies.
The exemption is allowed, subject to just exceptions.
Accordingly, present application stands disposed of.
El.Pet. 2/2015 and I.A. 6019/2015
Issue notice to respondents by registered post as well as dasti, returnable for 18th May, 2015.
Respondents are directed to file their reply affidavits within a period of four weeks of receipt of the notice.
Rejoinder affidavit, if any, be filed before the next date of hearing.
It is pertinent to mention that present election petition has been filed challenging the election of respondent No.1 to the Legislative Assembly of National Capital Territory of Delhi from Assembly Constituency 16, Tri Nagar, Delhi. In the accompanying application, a prayer has been made to preserve all the election record.
Learned counsel for petitioner submits that the result of the election has been vitiated due to improper acceptance of respondent No.1’s nomination which contained false information with regard to his educational qualification.
Learned counsel for petitioner further states that in Election Petition No.8/2009 despite categorical direction of this Court on 06th September, 2009, the election record was not preserved and not produced before the Court.
Keeping in view the aforesaid as well as the limited relief sought, respondent No.15-Returning Officer, is directed to preserve the entire election records including the nomination form, affidavit accompanying the nomination form, objections, pre-publication approvals of election materials and file the same with the Registry of this Court within a period of four weeks of receipt of notice.
MARCH 25, 2015
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