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Mohinder Singh vs Durgesh Kumar And Ors on 21 November, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~9

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      EL.PET. 2/2022

                                 MOHINDER SINGH                                     ..... Petitioner

                                                    Through:     Mr. Ankit Banati, Advocate.

                                                    versus

                                 DURGESH KUMAR AND ORS                              ..... Respondents

                                                    Through:     Mr. Anupam Srivastava with
                                                                 Mr.Rishikesh Kumar and Mr. Vashu
                                                                 Mishra, Advocates for R1.
                                                                 Mr. Rajeev Sharma, Advocate for
                                                                 Returning Officer/R3.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 21.11.2022 At the outset, Mr. Ankit Banati, learned counsel appointed to represent the petitioner, submits that in view of section 82(a) of the Representation of the People Act, 1951, the petitioner seeks to delete respondent No. 2, viz. the Returning Officer from the array of party- respondents in the present case; while retaining as respondents all the other candidates, who contested the same bye-election as detailed in the amended memo of parties dated 10.09.2022 filed in the matter.

2. In view of the above, respondent No. 2 is deleted from the array of party-respondents. Let a further amended memo of parties be filed by the petitioner before the next date.

3. By way of the present petition, the petitioner seeks a declaration to set-

aside the election of respondent No. 1 as the successful candidate in the bye-elections conducted on 23.06.2022 for Assembly Constituency-39 (Rajinder Nagar), New Delhi; and a further declaration that the petitioner be declared elected unopposed. The petitioner also seeks other consequential reliefs.

4. The court has heard Mr. Banati, learned counsel appearing for the petitioner briefly; and has also perused the petition.

5. Upon a prima-facie conspectus of the averments contained in the petition and the submissions made, issue notice.

6. Learned counsel appearing for respondent No. 1, accepts notice; and seeks time to file reply.

7. As requested, let a copy of the petition be supplied to counsel for respondent No.1. Let reply be filed by respondent No. 1 within 04 weeks; rejoinder thereto, if any, be filed within 03 weeks thereafter; with copies to the opposing counsel.

8. Upon the petitioner taking steps, let notice be sent to the other respondents, as per the further amended memo of parties to be filed in the matter.

9. Let reply be filed by the other respondents within 04 weeks of service;

rejoinder thereto, if any, be filed within 03 weeks thereafter; with copies to the opposing counsel.

10. Although the Returning Officer has been deleted as a party-respondent, the Returning Officer shall remain bound by the direction contained in order dated 21.09.2022, whereby a direction was issued to preserve the nomination papers and other related records of bye-election in question (other than EVMs, VVPATs and paper-audit trails), until disposal of the present petition.

11. Re-notify on 02nd February 2023.

ANUP JAIRAM BHAMBHANI, J NOVEMBER 21, 2022 ds Signature Not Verified Digitally Signed By:NEERAJ Signing Date:23.11.2022 EL.PET. 2/2022 Page 3 of 3 14:55:26