Delhi High Court - Orders
Ramesh Kumar Khatri vs Durgesh Pathak on 7 September, 2022
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EL.PET. 4/2022
RAMESH KUMAR KHATRI ..... Petitioner
Through: Mr. Ramesh Kumar Khatri, petitioner
in-person.
versus
DURGESH PATHAK ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 07.09.2022 (Order released on 20.09.2022) By way of the present petition under sections 77(1), 80A, 100(1)(b) & (d-ii & iv), 123, 125(A), 126, 127A, 133 of the Representation of the People Act, 1951 read with sections 49, 86, 88, 89 of the Conduct of Elections Rules, 1961 and Article 324 of the Constitution of India, Mr. Ramesh Kumar Khatri/petitioner appearing in-person has raised the following principal grounds challenging the election of the respondent:
(a) That the respondent has failed to maintain a true and accurate account of the date-wise election expenditure from the date of calling of the bye-election on 26.06.2022 till the date of declaration of results, as mandated by the Hon'ble Supreme Court in Kanwar Lal Gupta vs. Amar Nath Chawla & Ors1;
(b) That in the affidavit filed in support of such expenditure the respondent has shown Rs.20,000/- as cash-in-hand as on Signature Not Verified Digitally Signed EL.PET. 4/2022 Page 1 of 3 By:SUNITA RAWAT Signing Date:21.09.2022 11:27:32 03.06.2022; and even on 06.06.2022 the cash-in-hand continues to be shown as Rs.20,000/- inspite of the fact that the respondent had paid Rs.10,310/- on 03.06.2022 towards fee/cost of nomination, stamp paper, notarisation etc.; whereby the allegation is that the election expenses shown by the respondent in the day-to-day election expenditure register are false;
(c) That the respondent has concealed the true and correct expenses incurred in relation to campaigning for the bye-election, inter- alia by not disclosing in the day-to-day election expenditure register the expenses incurred on the pad-yatra (on-foot campaigning) undertaken by the respondent in the Budh Nagar area, Bihari Enclave, Todapur, Harbhajan Enclave; for the meeting organized in the E-Block, Naraina, Welcome Park; on the pad-yatra undertaken on 04.06.2022 with approximately 100 persons with flags and banners in Rajiv Gandhi Camp area; on the women's meeting held at Holi Chowk, Naraina Village; and on the electioneering meeting held at Ratanpur Chowk. It is the petitioner's contention that the expenditure incurred by the respondent on refreshments, hoardings, banners, pamphlets, mukhotas, brooms etc. have also not been disclosed. In the petition, the various dates and events in relation to campaigning have been set-out, with the essential allegation that the 1 (1975) 3 SCC 646 Signature Not Verified Digitally Signed EL.PET. 4/2022 Page 2 of 3 By:SUNITA RAWAT Signing Date:21.09.2022 11:27:32 respondent has failed to disclose the true and correct expenditure incurred thereon;
(d) That the respondent has failed to disclose that on 05.06.2022 he had spent the sum of Rs.71,400/- on E-Rickshaws deployed for purposes of his campaign for the bye-election.
2. Upon a prima-facie conspectus of the averments contained in the petition and the submissions made, issue notice, returnable 21.11.2022.
3. Upon the petitioner taking steps, let notice be sent to the respondent by all permissible modes, for the returnable date.
4. Let reply to the petition be filed within 04 weeks of service; rejoinder thereto, if any, be filed within 03 weeks thereafter; with copies to opposing parties.
5. Re-notify on 21st November 2022.
ANUP JAIRAM BHAMBHANI, J SEPTEMBER 7, 2022/ds/uj Signature Not Verified Digitally Signed EL.PET. 4/2022 Page 3 of 3 By:SUNITA RAWAT Signing Date:21.09.2022 11:27:32